APPENDIX A

Relevant Sections of Statues, Regulations, or Judicial/Administrative 

Decrees Enabling the Collection of Information for the National Listing of 

Advisories

Clean Water Act 104, as printed in

(http://www.gpo.gov/fdsys/pkg/USCODE-2011-title33/pdf/USCODE-2011-title33-chap26-

subchapI-sec1254.pdf)

Title 33: Navigation and Navigable Waters 

Chapter 26: Water Pollution Prevention and Control 

Subchapter 1: Research and Related Programs 

Section 1254: Research, investigations, training, and information 

EPA’s Clean Water Action Plan - Fish Consumption Advisories
§ 1254 TITLE 33—NAVIGATION AND NAVIGABLE WATERS Page 320

(b) The consent of the Congress is hereby

given to two or more States to negotiate and

enter into agreements or compacts, not in conflict with any law or treaty of the United

States, for (1) cooperative effort and mutual assistance for the prevention and control of pollution and the enforcement of their respective

laws relating thereto, and (2) the establishment

of such agencies, joint or otherwise, as they may

deem desirable for making effective such agreements and compacts. No such agreement or

compact shall be binding or obligatory upon any

State a party thereto unless and until it has

been approved by the Congress.

(June 30, 1948, ch. 758, title I, §103, as added Pub.

L. 92–500, §2, Oct. 18, 1972, 86 Stat. 818.)

§ 1254. Research, investigations, training, and information

(a) Establishment of national programs; cooperation; investigations; water quality surveillance system; reports

The Administrator shall establish national

programs for the prevention, reduction, and

elimination of pollution and as part of such programs shall—

(1) in cooperation with other Federal, State,

and local agencies, conduct and promote the

coordination and acceleration of, research, investigations, experiments, training, demonstrations, surveys, and studies relating to

the causes, effects, extent, prevention, reduction, and elimination of pollution;

(2) encourage, cooperate with, and render

technical services to pollution control agencies and other appropriate public or private

agencies, institutions, and organizations, and

individuals, including the general public, in

the conduct of activities referred to in paragraph (1) of this subsection;

(3) conduct, in cooperation with State water

pollution control agencies and other interested agencies, organizations and persons,

public investigations concerning the pollution

of any navigable waters, and report on the results of such investigations;

(4) establish advisory committees composed

of recognized experts in various aspects of pollution and representatives of the public to assist in the examination and evaluation of research progress and proposals and to avoid duplication of research;

(5) in cooperation with the States, and their

political subdivisions, and other Federal agencies establish, equip, and maintain a water

quality surveillance system for the purpose of

monitoring the quality of the navigable waters and ground waters and the contiguous

zone and the oceans and the Administrator

shall, to the extent practicable, conduct such

surveillance by utilizing the resources of the

National Aeronautics and Space Administration, the National Oceanic and Atmospheric

Administration, the United States Geological

Survey, and the Coast Guard, and shall report

on such quality in the report required under

subsection (a) of section 1375 of this title; and

(6) initiate and promote the coordination

and acceleration of research designed to develop the most effective practicable tools and

techniques for measuring the social and economic costs and benefits of activities which

are subject to regulation under this chapter;

and shall transmit a report on the results of

such research to the Congress not later than

January 1, 1974.

(b) Authorized activities of Administrator

In carrying out the provisions of subsection (a)

of this section the Administrator is authorized

to—

(1) collect and make available, through publications and other appropriate means, the results of and other information, including appropriate recommendations by him in connection therewith, pertaining to such research

and other activities referred to in paragraph

(1) of subsection (a) of this section;

(2) cooperate with other Federal departments and agencies, State water pollution

control agencies, interstate agencies, other

public and private agencies, institutions, organizations, industries involved, and individuals,

in the preparation and conduct of such research and other activities referred to in paragraph (1) of subsection (a) of this section;

(3) make grants to State water pollution

control agencies, interstate agencies, other

public or nonprofit private agencies, institutions, organizations, and individuals, for purposes stated in paragraph (1) of subsection (a)

of this section;

(4) contract with public or private agencies,

institutions, organizations, and individuals,

without regard to section 3324(a) and (b) of

title 31 and section 6101 of title 41, referred to

in paragraph (1) of subsection (a) of this section;

(5) establish and maintain research fellowships at public or nonprofit private educational institutions or research organizations;

(6) collect and disseminate, in cooperation

with other Federal departments and agencies,

and with other public or private agencies, institutions, and organizations having related

responsibilities, basic data on chemical, physical, and biological effects of varying water

quality and other information pertaining to

pollution and the prevention, reduction, and

elimination thereof; and

(7) develop effective and practical processes,

methods, and prototype devices for the prevention, reduction, and elimination of pollution.

(c) Research and studies on harmful effects of

pollutants; cooperation with Secretary of

Health and Human Services

In carrying out the provisions of subsection (a)

of this section the Administrator shall conduct

research on, and survey the results of other scientific studies on, the harmful effects on the

health or welfare of persons caused by pollutants. In order to avoid duplication of effort, the

Administrator shall, to the extent practicable,

conduct such research in cooperation with and

through the facilities of the Secretary of Health

and Human Services.

(d) Sewage treatment; identification and measurement of effects of pollutants; augmented

streamflow

In carrying out the provisions of this section

the Administrator shall develop and dem-
Page 321 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1254

onstrate under varied conditions (including conducting such basic and applied research, studies,

and experiments as may be necessary):

(1) Practicable means of treating municipal

sewage, and other waterborne wastes to implement the requirements of section 1281 of this

title;

(2) Improved methods and procedures to

identify and measure the effects of pollutants,

including those pollutants created by new

technological developments; and

(3) Methods and procedures for evaluating

the effects on water quality of augmented

streamflows to control pollution not susceptible to other means of prevention, reduction,

or elimination.

(e) Field laboratory and research facilities

The Administrator shall establish, equip, and

maintain field laboratory and research facilities, including, but not limited to, one to be located in the northeastern area of the United

States, one in the Middle Atlantic area, one in

the southeastern area, one in the midwestern

area, one in the southwestern area, one in the

Pacific Northwest, and one in the State of Alaska, for the conduct of research, investigations,

experiments, field demonstrations and studies,

and training relating to the prevention, reduction and elimination of pollution. Insofar as

practicable, each such facility shall be located

near institutions of higher learning in which

graduate training in such research might be carried out. In conjunction with the development of

criteria under section 1343 of this title, the Administrator shall construct the facilities authorized for the National Marine Water Quality

Laboratory established under this subsection.

(f) Great Lakes water quality research

The Administrator shall conduct research and

technical development work, and make studies,

with respect to the quality of the waters of the

Great Lakes, including an analysis of the

present and projected future water quality of

the Great Lakes under varying conditions of

waste treatment and disposal, an evaluation of

the water quality needs of those to be served by

such waters, an evaluation of municipal, industrial, and vessel waste treatment and disposal

practices with respect to such waters, and a

study of alternate means of solving pollution

problems (including additional waste treatment

measures) with respect to such waters.

(g) Treatment works pilot training programs;

employment needs forecasting; training

projects and grants; research fellowships;

technical training; report to the President

and transmittal to Congress

(1) For the purpose of providing an adequate

supply of trained personnel to operate and maintain existing and future treatment works and related activities, and for the purpose of enhancing substantially the proficiency of those engaged in such activities, the Administrator shall

finance pilot programs, in cooperation with

State and interstate agencies, municipalities,

educational institutions, and other organizations and individuals, of manpower development

and training and retraining of persons in, on entering into, the field of operation and maintenance of treatment works and related activities.

Such program and any funds expended for such

a program shall supplement, not supplant, other

manpower and training programs and funds

available for the purposes of this paragraph. The

Administrator is authorized, under such terms

and conditions as he deems appropriate, to enter

into agreements with one or more States, acting

jointly or severally, or with other public or private agencies or institutions for the development and implementation of such a program.

(2) The Administrator is authorized to enter

into agreements with public and private agencies and institutions, and individuals to develop

and maintain an effective system for forecasting

the supply of, and demand for, various professional and other occupational categories needed

for the prevention, reduction, and elimination of

pollution in each region, State, or area of the

United States and, from time to time, to publish

the results of such forecasts.

(3) In furtherance of the purposes of this chapter, the Administrator is authorized to—

(A) make grants to public or private agencies and institutions and to individuals for

training projects, and provide for the conduct

of training by contract with public or private

agencies and institutions and with individuals

without regard to section 3324(a) and (b) of

title 31 and section 6101 of title 41;

(B) establish and maintain research fellowships in the Environmental Protection Agency

with such stipends and allowances, including

traveling and subsistence expenses, as he may

deem necessary to procure the assistance of

the most promising research fellows; and

(C) provide, in addition to the program established under paragraph (1) of this subsection, training in technical matters relating

to the causes, prevention, reduction, and

elimination of pollution for personnel of public agencies and other persons with suitable

qualifications.

(4) The Administrator shall submit, through

the President, a report to the Congress not later

than December 31, 1973, summarizing the actions

taken under this subsection and the effectiveness of such actions, and setting forth the number of persons trained, the occupational categories for which training was provided, the effectiveness of other Federal, State, and local

training programs in this field, together with estimates of future needs, recommendations on

improving training programs, and such other information and recommendations, including legislative recommendations, as he deems appropriate.

(h) Lake pollution

The Administrator is authorized to enter into

contracts with, or make grants to, public or private agencies and organizations and individuals

for (A) the purpose of developing and demonstrating new or improved methods for the prevention, removal, reduction, and elimination of

pollution in lakes, including the undesirable effects of nutrients and vegetation, and (B) the

construction of publicly owned research facilities for such purpose.
§ 1254 TITLE 33—NAVIGATION AND NAVIGABLE WATERS Page 322

(i) Oil pollution control studies

The Administrator, in cooperation with the

Secretary of the Department in which the Coast

Guard is operating, shall—

(1) engage in such research, studies, experiments, and demonstrations as he deems appropriate, relative to the removal of oil from any

waters and to the prevention, control, and

elimination of oil and hazardous substances

pollution;

(2) publish from time to time the results of

such activities; and

(3) from time to time, develop and publish in

the Federal Register specifications and other

technical information on the various chemical

compounds used in the control of oil and hazardous substances spills.

In carrying out this subsection, the Administrator may enter into contracts with, or make

grants to, public or private agencies and organizations and individuals.

(j) Solid waste disposal equipment for vessels

The Secretary of the department in which the

Coast Guard is operating shall engage in such

research, studies, experiments, and demonstrations as he deems appropriate relative to equipment which is to be installed on board a vessel

and is designed to receive, retain, treat, or discharge human body wastes and the wastes from

toilets and other receptacles intended to receive

or retain body wastes with particular emphasis

on equipment to be installed on small recreational vessels. The Secretary of the department in which the Coast Guard is operating

shall report to Congress the results of such research, studies, experiments, and demonstrations prior to the effective date of any regulations established under section 1322 of this title.

In carrying out this subsection the Secretary of

the department in which the Coast Guard is operating may enter into contracts with, or make

grants to, public or private organizations and individuals.

(k) Land acquisition

In carrying out the provisions of this section

relating to the conduct by the Administrator of

demonstration projects and the development of

field laboratories and research facilities, the Administrator may acquire land and interests

therein by purchase, with appropriated or donated funds, by donation, or by exchange for acquired or public lands under his jurisdiction

which he classifies as suitable for disposition.

The values of the properties so exchanged either

shall be approximately equal, or if they are not

approximately equal, the values shall be equalized by the payment of cash to the grantor or to

the Administrator as the circumstances require.

(l) Collection and dissemination of scientific

knowledge on effects and control of pesticides in water

(1) The Administrator shall, after consultation

with appropriate local, State, and Federal agencies, public and private organizations, and interested individuals, as soon as practicable but not

later than January 1, 1973, develop and issue to

the States for the purpose of carrying out this

chapter the latest scientific knowledge available

in indicating the kind and extent of effects on

health and welfare which may be expected from

the presence of pesticides in the water in varying quantities. He shall revise and add to such

information whenever necessary to reflect developing scientific knowledge.

(2) The President shall, in consultation with

appropriate local, State, and Federal agencies,

public and private organizations, and interested

individuals, conduct studies and investigations

of methods to control the release of pesticides

into the environment which study shall include

examination of the persistency of pesticides in

the water environment and alternatives thereto.

The President shall submit reports, from time

to time, on such investigations to Congress together with his recommendations for any necessary legislation.

(m) Waste oil disposal study

(1) The Administrator shall, in an effort to

prevent degradation of the environment from

the disposal of waste oil, conduct a study of (A)

the generation of used engine, machine, cooling,

and similar waste oil, including quantities generated, the nature and quality of such oil,

present collecting methods and disposal practices, and alternate uses of such oil; (B) the

long-term, chronic biological effects of the disposal of such waste oil; and (C) the potential

market for such oils, including the economic

and legal factors relating to the sale of products

made from such oils, the level of subsidy, if any,

needed to encourage the purchase by public and

private nonprofit agencies of products from such

oil, and the practicability of Federal procurement, on a priority basis, of products made from

such oil. In conducting such study, the Administrator shall consult with affected industries and

other persons.

(2) The Administrator shall report the preliminary results of such study to Congress within six

months after October 18, 1972, and shall submit

a final report to Congress within 18 months after

such date.

(n) Comprehensive studies of effects of pollution

on estuaries and estuarine zones

(1) The Administrator shall, in cooperation

with the Secretary of the Army, the Secretary

of Agriculture, the Water Resources Council,

and with other appropriate Federal, State,

interstate, or local public bodies and private organizations, institutions, and individuals, conduct and promote, and encourage contributions

to, continuing comprehensive studies of the effects of pollution, including sedimentation, in

the estuaries and estuarine zones of the United

States on fish and wildlife, on sport and commercial fishing, on recreation, on water supply

and water power, and on other beneficial purposes. Such studies shall also consider the effect

of demographic trends, the exploitation of mineral resources and fossil fuels, land and industrial development, navigation, flood and erosion

control, and other uses of estuaries and estuarine zones upon the pollution of the waters

therein.

(2) In conducting such studies, the Administrator shall assemble, coordinate, and organize

all existing pertinent information on the Nation’s estuaries and estuarine zones; carry out a
Page 323 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1254

program of investigations and surveys to supplement existing information in representative estuaries and estuarine zones; and identify the

problems and areas where further research and

study are required.

(3) The Administrator shall submit to Congress, from time to time, reports of the studies

authorized by this subsection but at least one

such report during any six-year period. Copies of

each such report shall be made available to all

interested parties, public and private.

(4) For the purpose of this subsection, the

term ‘‘estuarine zones’’ means an environmental

system consisting of an estuary and those transitional areas which are consistently influenced

or affected by water from an estuary such as,

but not limited to, salt marshes, coastal and

intertidal areas, bays, harbors, lagoons, inshore

waters, and channels, and the term ‘‘estuary’’

means all or part of the mouth of a river or

stream or other body of water having unimpaired natural connection with open sea and

within which the sea water is measurably diluted with fresh water derived from land drainage.

(o) Methods of reducing total flow of sewage and

unnecessary water consumption; reports

(1) The Administrator shall conduct research

and investigations on devices, systems, incentives, pricing policy, and other methods of reducing the total flow of sewage, including, but

not limited to, unnecessary water consumption

in order to reduce the requirements for, and the

costs of, sewage and waste treatment services.

Such research and investigations shall be directed to develop devices, systems, policies, and

methods capable of achieving the maximum reduction of unnecessary water consumption.

(2) The Administrator shall report the preliminary results of such studies and investigations

to the Congress within one year after October 18,

1972, and annually thereafter in the report required under subsection (a) of section 1375 of

this title. Such report shall include recommendations for any legislation that may be required to provide for the adoption and use of devices, systems, policies, or other methods of reducing water consumption and reducing the

total flow of sewage. Such report shall include

an estimate of the benefits to be derived from

adoption and use of such devices, systems, policies, or other methods and also shall reflect estimates of any increase in private, public, or

other cost that would be occasioned thereby.

(p) Agricultural pollution

In carrying out the provisions of subsection (a)

of this section the Administrator shall, in cooperation with the Secretary of Agriculture,

other Federal agencies, and the States, carry

out a comprehensive study and research program to determine new and improved methods

and the better application of existing methods

of preventing, reducing, and eliminating pollution from agriculture, including the legal, economic, and other implications of the use of such

methods.

(q) Sewage in rural areas; national clearinghouse

for alternative treatment information; clearinghouse on small flows

(1) The Administrator shall conduct a comprehensive program of research and investigation

and pilot project implementation into new and

improved methods of preventing, reducing, storing, collecting, treating, or otherwise eliminating pollution from sewage in rural and other

areas where collection of sewage in conventional, communitywide sewage collection systems is impractical, uneconomical, or otherwise

infeasible, or where soil conditions or other factors preclude the use of septic tank and drainage

field systems.

(2) The Administrator shall conduct a comprehensive program of research and investigation

and pilot project implementation into new and

improved methods for the collection and treatment of sewage and other liquid wastes combined with the treatment and disposal of solid

wastes.

(3) The Administrator shall establish, either

within the Environmental Protection Agency,

or through contract with an appropriate public

or private non-profit organization, a national

clearinghouse which shall (A) receive reports

and information resulting from research, demonstrations, and other projects funded under

this chapter related to paragraph (1) of this subsection and to subsection (e)(2) of section 1255 of

this title; (B) coordinate and disseminate such

reports and information for use by Federal and

State agencies, municipalities, institutions, and

persons in developing new and improved methods pursuant to this subsection; and (C) provide

for the collection and dissemination of reports

and information relevant to this subsection

from other Federal and State agencies, institutions, universities, and persons.

(4) SMALL FLOWS CLEARINGHOUSE.—Notwithstanding section 1285(d) of this title, from

amounts that are set aside for a fiscal year

under section 1285(i) of this title and are not obligated by the end of the 24-month period of

availability for such amounts under section

1285(d) of this title, the Administrator shall

make available $1,000,000 or such unobligated

amount, whichever is less, to support a national

clearinghouse within the Environmental Protection Agency to collect and disseminate information on small flows of sewage and innovative or

alternative wastewater treatment processes and

techniques, consistent with paragraph (3). This

paragraph shall apply with respect to amounts

set aside under section 1285(i) of this title for

which the 24-month period of availability referred to in the preceding sentence ends on or

after September 30, 1986.

(r) Research grants to colleges and universities

The Administrator is authorized to make

grants to colleges and universities to conduct

basic research into the structure and function of

freshwater aquatic ecosystems, and to improve

understanding of the ecological characteristics

necessary to the maintenance of the chemical,

physical, and biological integrity of freshwater

aquatic ecosystems.

(s) River Study Centers

The Administrator is authorized to make

grants to one or more institutions of higher edu-
§ 1254 TITLE 33—NAVIGATION AND NAVIGABLE WATERS Page 324

cation (regionally located and to be designated

as ‘‘River Study Centers’’) for the purpose of

conducting and reporting on interdisciplinary

studies on the nature of river systems, including

hydrology, biology, ecology, economics, the relationship between river uses and land uses, and

the effects of development within river basins on

river systems and on the value of water resources and water related activities. No such

grant in any fiscal year shall exceed $1,000,000.

(t) Thermal discharges

The Administrator shall, in cooperation with

State and Federal agencies and public and private organizations, conduct continuing comprehensive studies of the effects and methods of

control of thermal discharges. In evaluating alternative methods of control the studies shall

consider (1) such data as are available on the

latest available technology, economic feasibility

including cost-effectiveness analysis, and (2) the

total impact on the environment, considering

not only water quality but also air quality, land

use, and effective utilization and conservation of

freshwater and other natural resources. Such

studies shall consider methods of minimizing adverse effects and maximizing beneficial effects

of thermal discharges. The results of these studies shall be reported by the Administrator as

soon as practicable, but not later than 270 days

after October 18, 1972, and shall be made available to the public and the States, and considered

as they become available by the Administrator

in carrying out section 1326 of this title and by

the States in proposing thermal water quality

standards.

(u) Authorization of appropriations

There is authorized to be appropriated (1) not

to exceed $100,000,000 per fiscal year for the fiscal year ending June 30, 1973, the fiscal year ending June 30, 1974, and the fiscal year ending June

30, 1975, not to exceed $14,039,000 for the fiscal

year ending September 30, 1980, not to exceed

$20,697,000 for the fiscal year ending September

30, 1981, not to exceed $22,770,000 for the fiscal

year ending September 30, 1982, such sums as

may be necessary for fiscal years 1983 through

1985, and not to exceed $22,770,000 per fiscal year

for each of the fiscal years 1986 through 1990, for

carrying out the provisions of this section, other

than subsections (g)(1) and (2), (p), (r), and (t) of

this section, except that such authorizations are

not for any research, development, or demonstration activity pursuant to such provisions;

(2) not to exceed $7,500,000 for fiscal years 1973,

1974, and 1975, $2,000,000 for fiscal year 1977,

$3,000,000 for fiscal year 1978, $3,000,000 for fiscal

year 1979, $3,000,000 for fiscal year 1980, $3,000,000

for fiscal year 1981, $3,000,000 for fiscal year 1982,

such sums as may be necessary for fiscal years

1983 through 1985, and $3,000,000 per fiscal year

for each of the fiscal years 1986 through 1990, for

carrying out the provisions of subsection (g)(1)

of this section; (3) not to exceed $2,500,000 for fiscal years 1973, 1974, and 1975, $1,000,000 for fiscal

year 1977, $1,500,000 for fiscal year 1978, $1,500,000

for fiscal year 1979, $1,500,000 for fiscal year 1980,

$1,500,000 for fiscal year 1981, $1,500,000 for fiscal

year 1982, such sums as may be necessary for fiscal years 1983 through 1985, and $1,500,000 per fiscal year for each of the fiscal years 1986 through

1990, for carrying out the provisions of subsection (g)(2) of this section; (4) not to exceed

$10,000,000 for each of the fiscal years ending

June 30, 1973, June 30, 1974, and June 30, 1975, for

carrying out the provisions of subsection (p) of

this section; (5) not to exceed $15,000,000 per fiscal year for the fiscal years ending June 30, 1973,

June 30, 1974, and June 30, 1975, for carrying out

the provisions of subsection (r) of this section;

and (6) not to exceed $10,000,000 per fiscal year

for the fiscal years ending June 30, 1973, June 30,

1974, and June 30, 1975, for carrying out the provisions of subsection (t) of this section.

(v) Studies concerning pathogen indicators in

coastal recreation waters

Not later than 18 months after October 10,

2000, after consultation and in cooperation with

appropriate Federal, State, tribal, and local officials (including local health officials), the Administrator shall initiate, and, not later than 3

years after October 10, 2000, shall complete, in

cooperation with the heads of other Federal

agencies, studies to provide additional information for use in developing—

(1) an assessment of potential human health

risks resulting from exposure to pathogens in

coastal recreation waters, including nongastrointestinal effects;

(2) appropriate and effective indicators for

improving detection in a timely manner in

coastal recreation waters of the presence of

pathogens that are harmful to human health;

(3) appropriate, accurate, expeditious, and

cost-effective methods (including predictive

models) for detecting in a timely manner in

coastal recreation waters the presence of

pathogens that are harmful to human health;

and

(4) guidance for State application of the criteria for pathogens and pathogen indicators to

be published under section 1314(a)(9) of this

title to account for the diversity of geographic

and aquatic conditions.

(June 30, 1948, ch. 758, title I, §104, as added Pub.

L. 92–500, §2, Oct. 18, 1972, 86 Stat. 819; amended

Pub. L. 93–207, §1(1), Dec. 28, 1973, 87 Stat. 906;

Pub. L. 93–592, §1, Jan. 2, 1975, 88 Stat. 1924; Pub.

L. 95–217, §§4(a), (b), 6, 7, Dec. 27, 1977, 91 Stat.

1566, 1567; Pub. L. 95–576, §1(a), Nov. 2, 1978, 92

Stat. 2467; Pub. L. 96–88, title V, §509(b), Oct. 17,

1979, 93 Stat. 695; Pub. L. 96–483, §1(a), Oct. 21,

1980, 94 Stat. 2360; Pub. L. 100–4, title I, §§101(a),

102, Feb. 4, 1987, 101 Stat. 8, 9; Pub. L. 102–154,

title I, Nov. 13, 1991, 105 Stat. 1000; Pub. L.

105–362, title V, §501(a)(1), (d)(2)(A), Nov. 10, 1998,

112 Stat. 3283; Pub. L. 106–284, §3(a), Oct. 10, 2000,

114 Stat. 871; Pub. L. 107–303, title III, §302(b)(1),

Nov. 27, 2002, 116 Stat. 2361.)

CODIFICATION

In subsecs. (b)(4) and (g)(3)(A), ‘‘section 3324(a) and (b)

of title 31 and section 6101 of title 41’’ substituted for

references to sections 3648 and 3709 of the Revised Statutes on authority of Pub. L. 97–258, §4(b), Sept. 13, 1982,

96 Stat. 1067, which Act enacted Title 31, Money and Finance, and Pub. L. 111–350, §6(c), Jan. 4, 2011, 124 Stat.

3854, which Act enacted Title 41, Public Contracts.

AMENDMENTS

2002—Subsecs. (a)(5), (n)(3), (4), (o)(2). Pub. L. 107–303

repealed Pub. L. 105–362, §501(a), (d). See 1998 Amendment notes below.
Page 325 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1254a

2000—Subsec. (v). Pub. L. 106–284 added subsec. (v).

1998—Subsec. (a)(5). Pub. L. 105–362, §501(d)(2)(A)(i),

which directed the substitution of ‘‘not later than 90

days after the date of convening of each session of Congress’’ for ‘‘in the report required under subsection (a)

of section 1375 of this title’’, was repealed by Pub. L.

107–303. See Effective Date of 2002 Amendment note

below.

Subsec. (n)(3), (4). Pub. L. 105–362, §501(a)(1), which directed the redesignation of par. (4) as (3) and striking

out of former par. (3), was repealed by Pub. L. 107–303.

See Effective Date of 2002 Amendment note below.

Subsec. (o)(2). Pub. L. 105–362, §501(d)(2)(A)(ii), which

directed the substitution of ‘‘not later than 90 days

after the date of convening of each session of Congress’’

for ‘‘in the report required under subsection (a) of section 1375 of this title’’, was repealed by Pub. L. 107–303.

See Effective Date of 2002 Amendment note below.

1987—Subsec. (q)(4). Pub. L. 100–4, §102, added par. (4).

Subsec. (u). Pub. L. 100–4, §101(a), in cl. (1) struck out

‘‘and’’ after ‘‘1975,’’, ‘‘1980,’’, and ‘‘1981,’’ and inserted

‘‘such sums as may be necessary for fiscal years 1983

through 1985, and not to exceed $22,770,000 per fiscal

year for each of the fiscal years 1986 through 1990,’’, in

cl. (2) struck out ‘‘and’’ after ‘‘1981,’’ and inserted ‘‘such

sums as may be necessary for fiscal years 1983 through

1985, and $3,000,000 per fiscal year for each of the fiscal

years 1986 through 1990,’’, and in cl. (3) struck out

‘‘and’’ after ‘‘1981,’’ and inserted ‘‘such sums as may be

necessary for fiscal years 1983 through 1985, and

$1,500,000 per fiscal year for each of the fiscal years 1986

through 1990,’’.

1980—Subsec. (u). Pub. L. 96–483 in par. (1) inserted

authorization of not to exceed $20,697,000 and $22,770,000

for fiscal years ending Sept. 30, 1981, and 1982, respectively; in par. (2) inserted authorization of the sum of

$3,000,000 for each of fiscal years 1981 and 1982; and in

par. (3) inserted authorization of the sum of $1,500,000

for each of fiscal years 1981 and 1982.

1978—Subsec. (u)(1). Pub. L. 95–576 authorized appropriation of not to exceed $14,039,000 for fiscal year ending Sept. 30, 1980 and prohibited use of authorizations

for any research, development, or demonstration activity pursuant to provisions of this section.

1977—Subsec. (n)(3). Pub. L. 95–217, §6, substituted

‘‘any six-year period’’ for ‘‘any three year period’’.

Subsec. (q)(3). Pub. L. 95–217, §7, added par. (3).

Subsec. (u)(2). Pub. L. 95–217, §4(a), substituted ‘‘1975,

$2,000,000 for fiscal year 1977, $3,000,000 for fiscal year

1978, $3,000,000 for fiscal year 1979, and $3,000,000 for fiscal year 1980,’’ for ‘‘1975’’.

Subsec. (u)(3). Pub. L. 95–217, §4(b), substituted ‘‘1975,

$1,000,000 for fiscal year 1977, $1,500,000 for fiscal year

1978, $1,500,000 for fiscal year 1979, and $1,500,000 for fiscal year 1980,’’ for ‘‘1975’’.

1975—Subsec. (u)(1). Pub. L. 93–592, §1(a), substituted

‘‘the fiscal year ending June 30, 1974, and the fiscal year

ending June 30, 1975,’’ for ‘‘and the fiscal year ending

June 30, 1974,’’.

Subsec. (u)(2). Pub. L. 93–592, §1(b), substituted ‘‘fiscal years 1973, 1974, and 1975’’ for ‘‘fiscal years 1973 and

1974’’.

Subsec. (u)(3). Pub. L. 93–592, §1(c), substituted ‘‘fiscal

years 1973, 1974, and 1975’’ for ‘‘fiscal year 1973’’.

Subsec. (u)(4), (5), (6). Pub. L. 93–592, §1(d)–(f), substituted ‘‘June 30, 1974, and June 30, 1975,’’ for ‘‘and

June 30, 1974,’’.

1973—Subsec. (u)(2). Pub. L. 93–207 substituted ‘‘fiscal

years 1973 and 1974’’ for ‘‘fiscal year 1973’’.

CHANGE OF NAME

‘‘United States Geological Survey’’ substituted for

‘‘Geological Survey’’ in subsec. (a)(5) pursuant to provision of title I of Pub. L. 102–154, set out as a note under

section 31 of Title 43, Public Lands.

‘‘Secretary of Health and Human Services’’ substituted for ‘‘Secretary of Health, Education, and Welfare’’ in subsec. (c) pursuant to section 509(b) of Pub. L.

96–88 which is classified to section 3508(b) of Title 20,

Education.

EFFECTIVE DATE OF 2002 AMENDMENT

Pub. L. 107–303, title III, §302(b), Nov. 27, 2002, 116

Stat. 2361, provided that:

‘‘(1) IN GENERAL.—Effective November 10, 1998, section

501 of the Federal Reports Elimination Act of 1998 (Public Law 105–362; 112 Stat. 3283) is amended by striking

subsections (a) [amending this section and section 1330

of this title], (b) [amending section 1324 of this title],

(c) [amending section 1329 of this title], and (d) [amending this section and sections 1266, 1285, 1290, and 1375 of

this title].

‘‘(2) APPLICABILITY.—The Federal Water Pollution

Control Act (33 U.S.C. 1254(n)(3)) [33 U.S.C. 1251 et seq.]

shall be applied and administered on and after the date

of enactment of this Act [Nov. 27, 2002] as if the amendments made by subsections (a), (b), (c), and (d) of section 501 of the Federal Reports Elimination Act of 1998

(Public Law 105–362; 112 Stat. 3283) had not been enacted.’’

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and

assets of the Coast Guard, including the authorities

and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security,

and for treatment of related references, see sections

468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set

out as a note under section 542 of Title 6.

Enforcement functions of Secretary or other official

in Department of Agriculture, insofar as they involve

lands and programs under jurisdiction of that Department, related to compliance with this chapter with respect to pre-construction, construction, and initial operation of transportation system for Canadian and

Alaskan natural gas were transferred to the Federal Inspector, Office of Federal Inspector for the Alaska Natural Gas Transportation System, until the first anniversary of date of initial operation of the Alaska Natural Gas Transportation System, see Reorg. Plan No. 1

of 1979, §§102(f), 203(a), 44 F.R. 33663, 33666, 93 Stat. 1373,

1376, effective July 1, 1979, set out in the Appendix to

Title 5, Government Organization and Employees. Office of Federal Inspector for the Alaska Natural Gas

Transportation System abolished and functions and authority vested in Inspector transferred to Secretary of

Energy by section 3012(b) of Pub. L. 102–486, set out as

an Abolition of Office of Federal Inspector note under

section 719e of Title 15, Commerce and Trade. Functions and authority vested in Secretary of Energy subsequently transferred to Federal Coordinator for Alaska Natural Gas Transportation Projects by section

720d(f) of Title 15.

COLUMBIA RIVER BASIN SYSTEM; PROTECTION FROM OIL

SPILLS AND DISCHARGES; CRITERIA FOR EVALUATION

AND REPORT TO CONGRESS BY COMMANDANT OF COAST

GUARD IN CONSULTATION WITH FEDERAL, ETC., AGENCIES

Pub. L. 95–308, §8, June 30, 1978, 92 Stat. 359, set forth

Congressional findings and declarations and evaluation

criteria with respect to protection from oil spills and

discharges and betterment of the Columbia River Basin

system, with such evaluation by the Commandant of

the Coast Guard to begin within 180 days after June 30,

1978, and immediate submission of the evaluation to appropriate Congressional committees.

CONTIGUOUS ZONE OF UNITED STATES

For extension of contiguous zone of United States,

see Proc. No. 7219, set out as a note under section 1331

of Title 43, Public Lands.

§ 1254a. Research on effects of pollutants

In carrying out the provisions of section

1254(a) of this title, the Administrator shall conduct research on the harmful effects on the
Clean Water--The Road Ahead

 Over the past 

quarter century, America 

has made tremendous 

strides in cleaning up its 

rivers, lakes, and coastal 

waters. In 1972, the 

Potomac River was too 

dirty to swim in, Lake Erie was dying, and the Cuyahoga River was 

so polluted it burst into flames. Many rivers and beaches were little 

more than open sewers. The improvement in the health of the 

nation's waters is a direct result of a concerted effort to enhance 

stewardship of natural resources and to implement the 

environmental provisions of federal, state, tribal and local laws. In 

particular, the Clean Water Act has stopped billions of pounds of 

pollution from fouling the nation's water, doubling the number of 

waterways safe for fishing and swimming. Today, rivers, lakes, and 

coasts are thriving centers of healthy communities. 

Despite tremendous progress, 40 percent of the nation's waterways 

assessed by states are still unsafe for fishing and swimming. 

Pollution from factories and sewage treatment plants, soil erosion, 

and wetland losses have been dramatically reduced. But runoff from 

city streets, rural areas, and other sources continues to degrade the 

environment and puts drinking water at risk. Fish in many waters 

still contain dangerous levels of mercury, polychlorinated biphenyls 

(PCBs), and other toxic contaminants. 

Clean Water Program at a Crossroads

After 25 years of progress, the nation's clean water program is at a 

crossroads. Implementation of the existing programs will not stop 

serious new threats to public health, living resources, and the 

nation's waterways, particularly from polluted runoff. These 

programs lack the strength, resources, and framework to finish the 

job of restoring rivers, lakes, and coastal areas. To fulfill the original 

goal of the Clean Water Act-- fishable and swimmable water for 

every American the nation must chart a new course to address the 
pollution problems of the next generation. 

Charting a New Course

In his 1998 State of the Union Address, President Clinton announced 

a major new Clean Water Initiative to speed the restoration of the 

nation's precious waterways. This new initiative aims to achieve 

clean water by strengthening public health protections, targeting 

community-based watershed protection efforts at high priority areas, 

and providing communities with new 

resources to control polluted runoff. 

On October 18, 1997, the 25th anniversary of the Clean Water Act, 

Vice President Gore directed the Department of Agriculture 

(USDA) and the Environmental Protection Agency (EPA) to work 

with other federal agencies and the public to prepare an aggressive 

Action Plan to meet the promise of clean, safe water for all 

Americans. This Action Plan forms the core of President Clinton's 

Clean Water Initiative in which he proposed $568 million in new 

resources in his FY 1999 budget to carry it out. The Action Plan 

builds on the solid foundation of existing clean water programs and 

proposes new actions to strengthen efforts to restore and protect 

water resources. In implementing this Action Plan, the federal 

government will: 

o support locally led partnerships that include a broad array of 

federal agencies, states, tribes, communities, businesses, and 

citizens to meet clean water and public health goals; 

o increase financial and technical assistance to states, tribes, 

local governments, farmers, and others; and 

o help states and tribes restore and sustain the health of aquatic 

systems on a watershed basis. 

Four Tools for Clean Water

Federal, state, tribal, and local governments have many tools they 

can use to clean up and protect water resources. Regulation, 

economic incentives, technical assistance, research, education, and 

accurate information all have a role to play in meeting clean water 

goals. This Action Plan is built around four key tools to achieve 

clean water goals. 

A Watershed Approach

This Action Plan envisions a new collaborative effort by federal 
state, tribal, and local governments; the public; and the private 

sector to restore and sustain the health of watersheds in the nation. 

The watershed approach is the key to setting priorities and taking 

action to clean up rivers, lakes, and coastal waters. 

Strong Federal and State Standards

This Action Plan calls for federal, state, and tribal agencies to revise 

standards where needed and make existing programs more effective. 

Effective standards are key to protecting public health, preventing 

polluted runoff, and ensuring accountability. 

Natural Resource Stewardship

Most of the land in the nation's watersheds is cropland, pasture, 

rangeland, or forests, and most of the water that ends up in rivers, 

lakes, and coastal waters falls on these lands first. Clean water 

depends on the conservation and stewardship of these natural 

resources. This Action Plan calls on federal natural resource and 

conservation agencies to apply their collective resources and 

technical expertise to state and local watershed restoration and 

protection. 

Informed Citizens and Officials 

Clear, accurate, and timely information is the foundation of a sound 

and accountable water quality program. Informed citizens and 

officials make better decisions about their watersheds. This Action 

Plan calls on federal agencies to improve the information available 

to the public, governments, and others about the health of their 

watersheds and the safety of their beaches, drinking water, and fish. 

A Watershed Approach-- The Key to the

Future

This Action Plan proposes a new collaborative effort by state, tribal, 

federal, and local governments, the private sector and the public to 

restore those watersheds not meeting clean water, natural resource, 

and public health goals and to sustain healthy conditions in other 

watersheds. 

For the past 25 years, most water pollution control efforts relied on 

broadly applied national programs that reduced water pollution from 

individual sources such as discharges from sewage treatment plants 
and factories, and from polluted runoff. Today, there is growing 

recognition that clean water strategies built on this foundation and 

tailored to specific watershed conditions are the key to the future. 

Why Watersheds?

Clean water is the product of a healthy watershed--a watershed in 

which urban, agricultural, rangelands, forest lands, and all other 

parts of the landscape are well-managed to prevent pollution. 

Focusing on the whole watershed helps strike the best balance 

among efforts to control point source pollution and polluted runoff, 

and protect drinking water sources and sensitive natural resources 

such as wetlands. A watershed focus also helps identify the most 

cost-effective pollution control strategies to meet clean water goals. 

Skipjack under sail on the Chesapeake Bay. The Chesapeake Bay Program is an 

international model of interagency and intergovernmental cooperation on a 

large watershed scale. The Program sets goals for water quality and habitat 

restoration based on sound science and achieves them by developing consensusdriven strategies. For example, federal agencies are working with agricultural 

and forest landowners to develop farmland and riparian forest buffers, feedlot 

and animal strategies, and to provide technical support. Photo Credit: EPA

Working at the watershed level encourages the public to get 

involved in efforts to restore and protect their water resources and is 

the foundation for building strong clean water partnerships. The 

watershed approach is the best way to bring state, tribal, federal, and 

local programs together to more effectively and efficiently clean up 

and protect waters. It is also the key to greater accountability and 

progress toward clean water goals. 
Key Elements of the Watershed Approach

This Action Plan proposes a watershed approach built on several 

key elements. 

Unified Watershed Assessments. States, tribes, and federal agencies 

currently set priorities for watershed action in many different ways. 

For example, state water quality agencies are developing lists of 

impaired water bodies, defining source water protection areas for 

drinking water, identifying coastal protection priorities, and defining 

priority areas for agricultural assistance programs. Similarly, 

federal, state and tribal natural resource agencies set their priorities 

for watershed restoration and protection in various ways to meet 

their mandates for natural resource conservation. These processes 

are designed to meet valid objectives, but too often opportunities to 

work together to meet common goals are overlooked. 

This Action Plan creates a strategic opportunity for states and tribes, 

in cooperation with federal land and resource managers on federal 

lands, to take the lead in unifying these various existing efforts and 

leveraging scarce resources to advance the pace of progress toward 

clean water. As a number of states and tribes have demonstrated, 

they can meet existing requirements more efficiently and develop 

more coordinated and comprehensive priorities on a watershed 

basis. 

Unified watershed assessments are a vehicle to identify: 

o watersheds that will be targeted to receive significant new 

resources from the President's FY 1999 budget and beyond 

to clean up waters that are not meeting water quality goals; 

o pristine or sensitive watersheds on federal lands where core 

federal and state programs can be brought together to 

prevent degradation of water quality; and 

o threatened watersheds that need an extra measure of 

protection and attention. 

Watershed Restoration Action Strategies. The Action Plan encourages 

states and tribes to work with local communities, the public, and 

federal environmental, natural resource, and land management 

agencies to develop strategies to restore watersheds that are not 

meeting clean water and natural resource goals. Watershed 

Restoration Action Strategies will spell out the most important 

causes of water pollution and resource degradation, detail the 

actions that all parties need to take to solve those problems, and set 

milestones by which to measure progress Funds made available to 
federal agencies through the FY 1999 Clean Water and Watershed 

Restoration Budget Initiative will be used to help states implement 

these strategies. 

Watershed Pollution Prevention. Protecting pristine or sensitive waters 

and taking preventive action when clean water is threatened by new 

activities in the watershed can be the most cost-effective approach to 

meeting clean water goals. This Action Plan encourages states, 

tribal, and federal agencies to bring core programs and existing 

resources together to support watershed pollution prevention 

strategies to keep clean waters clean. 

Watershed Assistance Grants. Federal agencies will provide small grants

to local organizations that want to take a leadership role in building 

local efforts to restore and protect watersheds. These grants will 

ensure that local communities and stakeholders can effectively 

engage in the process of setting goals and devising solutions to 

restore their watersheds. 

Strong Federal and State Standards

This Action Plan calls on federal, state, and tribal governments to 

strengthen existing programs to support an accelerated effort to 

attack the nation's remaining water quality problems. Federal, state, 

and tribal standards for water quality and polluted runoff are key 

tools for protecting public health, preventing polluted runoff, and 

ensuring accountability. Some of the specific actions called for in 

this Action Plan are identified below. 

Improve Assurance that Fish and Shellfish are Safe to Eat

Federal agencies will work with states and tribes to expand programs 

to reduce contaminants that can make locally caught fish and

shellfish unsafe to eat, particularly mercury and other persistent, bioaccumulative toxic pollutants, and to ensure that the public gets clear 

notice of fish consumption risks. 

Ensure Safe Beaches

Federal, state, and local governments will work to improve the 

capacity to monitor water quality at beaches, develop new standards, 

and use new technologies such as the Internet to report public health 

risks to recreational swimmers. 

 
Expand Control of Storm Water Runoff 

EPA will publish final Phase II storm water regulations for smaller 

cities and construction sites in 1999. EPA will also work with its 

partners to make sure that existing storm water control requirements for 

large urban and industrial areas are implemented. 

Improve State and Tribal Enforceable Authorities to Address

Polluted Runoff

Federal agencies will work with states and tribes to promote the 

establishment of state and tribal enforceable authorities to ensure the 

implementation of polluted runoff controls by the year 2000. 

Define Nutrient Reduction Goals

EPA will establish by the year 2000 numeric criteria for nutrients 

(i.e., nitrogen and phosphorus) that reflect the different types of 

water bodies (e.g., lakes, rivers, and estuaries) and different 

ecoregions of the country and will assist states and tribes in adopting 

numeric water quality standards based on these criteria. 

Reduce Pollution from Animal Feeding Operations

EPA will publish and, after public comment, implement an Animal 

Feeding Operations Strategy for important and necessary actions on 

standards and permits. In addition, by November 1998, EPA and 

USDA will jointly develop a broad, unified national strategy to 

minimize the environmental and public health impacts of Animal 

Feeding Operations. 

Natural Resource Stewardship

Nearly 70 percent of the United States, exclusive of Alaska, is held 

in private ownership by millions of individuals. Fifty percent, or 907 

million acres, is owned by farmers, ranchers, and their families. 

Another 400 million acres are federal lands. Most of the rainfall in 

the country falls on these lands before it enters rivers, lakes, and 

coastal waters. Effective management of these croplands, pastures, 

forests, wetlands, rangelands, and other resources is key to keeping 

clean water clean and restoring watersheds where water quality is 

impaired. 

This Action Plan commits all federal natural resource conservation 

and environmental agencies to focus their expertise and resources to 

support the watershed approach described above. In addition, these 

agencies will work with states tribes and others to enhance critical 
natural resources essential to clean water. 

Federal Land Stewardship

More than 800 million acres of the United States, including Alaska, is

federal land. These lands contain an immense diversity and wealth of 

natural resources, including significant sources of drinking water and 

public recreation opportunities. 

By 1999, the U.S. Department of the Interior (DOI) and USDA will 

take the lead in developing a Unified Federal Policy to enhance 

watershed management for the protection of water quality and the 

health of aquatic systems on federal lands and for federal resource 

management. Federal land managers will improve water quality 

protection for over 2,000 miles of roads and trails each year through 

2005 and decommission 5,000 miles each year by 2002. Federal 

land managers will also accelerate the cleanup rate of watersheds 

affected by abandoned mines and will implement an accelerated 

riparian stewardship program to improve or restore 25,000 miles of 

stream corridors by 2005. 

Protect and Restore Wetlands

This Action Plan sets a goal of attaining a net increase of 100,000 

wetland acres per year by the year 2005. This goal will be achieved 

by ensuring that existing wetland programs continue to slow the rate 

of wetland losses, improving federal restoration programs, and by 

expanding incentives to landowners to restore wetlands. 

Protect Coastal Waters

Federal agencies, led by the National Oceanic and Atmospheric 

Administration (NOAA), will work in partnership to improve the 

monitoring of coastal waters, expand research of emerging problems 

like Pfiesteria, amend Fishery Management Plans to address water 

quality issues, and ensure the implementation of strong programs to 

reduce polluted runoff to coastal waters. 

Provide Incentives for Private Land Stewardship

This Action Plan relies on a substantial increase in the technical and 

financial assistance available to private landowners as the primary 

means of accelerating progress toward reducing polluted runoff 

from agricultural, range, and forest lands. 
USDA, working with federal, state, tribal, and private partners, will 

establish by 2002 two million miles of conservation buffers to 

reduce polluted runoff and protect watersheds, direct new funding 

for the Environmental Quality Incentives Program to support 

watershed restoration, and develop as many new agreements with 

states as practicable to use the Conservation Reserve Enhancement 

Program to improve watersheds. The Plan also envisions new and 

innovative methods to provide incentives for private landowners to 

implement pollution prevention plans, including risk management 

protection for adoption of new pollution prevention technologies 

and market recognition for producers that meet environmental goals. 

In addition, DOI will expand its existing Partners for Wildlife 

Program, which restores degraded fish and wildlife habitats and 

improves water quality through partnerships with landowners. The 

program provides technical and financial assistance, and gives 

priority to threatened and endangered species. 

Informed Citizens and Officials

Effective management of water resources requires reliable 

information about water quality conditions and new tools to 

communicate information to the public. Federal agencies, led by the 

U.S. Geological Survey (USGS), will work with states and tribes to 

improve monitoring and assessment of water quality, focusing on 

nutrients and related pollutants. Federal agencies will also work with 

states and tribes to develop and use state-of-the-art systems, such as 

EPA's Index of Watershed Indicators on the Internet, to 

communicate meaningful information to the public about water 

quality conditions in their communities. 

Improvements in Connecticut River water quality have led to a resurgence in 

recreational fishing, especially in urban areas like Hartford, which has been the 

site of major fishing tournaments in recent years. Photo Credit: Riverfront Recapture
Clean Water and Watershed

Restoration Budget Initiative

To support the new and expanded efforts to restore and protect the 

nation's waters as proposed in this Clean Water Action Plan, the 

President's FY 1999 budget proposes a Clean Water and Watershed 

Restoration Budget Initiative. The funding provided in this budget 

initiative will dramatically increase federal financial support for 

clean water programs in FY 1999 and beyond. Specifically, the 

Clean Water and Watershed Restoration Budget Initiative will: 

o increase direct support to states and tribes to carry out a 

watershed approach to clean water; 

o increase technical and financial assistance to farmers, 

ranchers, and foresters to reduce polluted runoff and enhance 

the natural resources on their lands; 

o fund watershed assistance programs and grants to engage 

local communities and citizens in leadership roles in 

restoring their watersheds; 

o accelerate progress in addressing critical water quality 

problems on federal lands, including those related to roads, 

abandoned mines, riparian areas, and rangelands; 

o expand and coordinate water quality monitoring programs; 

and 

o increase efforts to restore nationally significant watersheds, 

such as the Florida Everglades and the San Francisco BayDelta. 

Clean Water and Watershed Restoration Budget

Funding Summary

Percent Increase 1999 over 1998 35% 

Total Increase 1999-2003 2,338 

Total Spending 1999-2003 10,516 
0 3 

0 2 

0 5 

239 308 

133 157 

125 147 

Total Spending 1999-2003 10,516

Funding by Agency 1998

Enacted

1999 

Budget

Environmental Protection Agency: 

State Grant Assistance 

Polluted runoff control grants (Sec. 319) 105 200 

State program management grants (Sec. 106) 96 116 

Wetlands protection grants 15 15 

Water quality cooperative agreements 20 19 

Water quality program management 248 279

Total, EPA 484 629 

Department of Agriculture:

Natural Resources Conservation

Service:Environmental Quality Incentives 200* 300*

Program 

Natural Resources Conservation Service: Locally 

led conservation 0 20

Natural Resources Conservation 

Service:Watershed health monitoring 

Forest Service:Improve water quality on federal 

lands 

Agriculture Research Service:Watershed health 

research 

Total, USDA 439 633 

Department of the Interior:

Bureau of Land Management:Improve water 

quality on federal lands 

Office of Surface Mining:Clean streams 5 7

U.S. Geological Survey:Water monitoring and 

assessment 

Fish and Wildlife Service:Wetlands restoration 36 42

Bureau of Indian Affairs:Improve water quality 

on tribal lands 

Total, DOI 299 358

National Oceanographic and

Atmospheric Administration: 

Polluted runoff and toxic contaminants 0 13 

Harmful algal blooms 0 9 

Total, NOAA 0 22 
-5 -5 

Army Corps of Engineers:

Wetlands program 106 117 

Challenge 21:Floodplain restoration initiative 0 25 

Total, ACE 106 142 

Interagency Projects:

Florida Everglades 228 282 

California Bay Delta 85 143 

Elimination of overlap between Everglades and 

other water programs listed above 

Total,Interagency projects 308 420

Total Clean Water and Watershed Restoration

Initiative (with Mandatory Spending) 1,636 2,204 

*Indicates Mandatory Spending Source:Office of

Management and Budget

A Continuing Commitment to Clean Water

The publication of this Action Plan is just the beginning of a longterm effort. Many of the proposed actions will provide for later 

public review and comment and federal agencies are committed to 

working closely with states, tribes, and others to ensure successful 

implementation of specific actions. 

In addition, regular reports will keep the public apprised of progress 

and remaining challenges. By the end of the year 2000 and 

periodically thereafter, status reports on progress in implementing 

watershed restoration plans and related programs will be provided to 

the President, the nation's governors, tribal leaders, and the public. 
Table of Contents | Next Section

Clean Water Initiative Home

EPA HOMEPAGE/ OFFICE OF WATER/ USDA HOME/ COMMENTS/ SEARCH

http://cleanwater.gov/action/overview.html

Revised August 10, 1998
APPENDIX B

2011 National Listing of Fish Advisories EPA-820-F-13-058, 

December 2013 

(http://water.epa.gov/scitech/swguidance/fishshellfish/fishadvisori

es/upload/Technical-Fact-Sheet-2011.pdf)
2011 National Listing of Fish Advisories

Since 1993, the U.S. Environmental Protection Agency (EPA) has made available 

to the public an annual compendium of information on locally issued fish 

advisories and safe eating guidelines. This information is provided to EPA by the 

states, U.S. territories, Native American tribes, and local governments that issue 

fish consumption advisories and safe eating guidelines to inform people about 

the recommended level of consumption for fish caught in local waters. Fish 

consumption advisories provide advice to limit or avoid eating certain fish due to 

contamination with chemical pollutants. Safe eating guidelines are designations of 

monitored waters where there are no restrictions on eating specific types of fish. 

The 2011 National Listing of Fish Advisories (NLFA)1database shows that the 

number of fish advisories issued continues to rise as additional waters 

are sampled. 

Background 

All 50 states, the District of Columbia, the 

U.S. territories of American Samoa and 

Guam (for simplicity, referred to here as 

“states”) and five Native American tribes 

have fish consumption advisories in place 

to protect consumers from the potential 

health risks of eating contaminated fish 

caught in local waters. The states and 

tribes have developed their own fish 

advisory programs over the years, and 

there is variability among states and tribes 

in the scope and extent of monitoring and 

in the specific advice that is provided when 

contaminated fish are found. Because of 

this variability, it is difficult to draw 

national conclusions or to establish 

national trends in fish advisories.

A fish consumption advisory is not a 

regulation, but rather a recommendation 

issued to help protect public health. These 

advisories may include recommendations to 

limit or avoid eating certain fish and 

wildlife species caught from specific 

waterbodies or from waterbody types (e.g., 

all lakes) due to chemical contamination. 

An advisory may be issued for the general 

public, including recreational and 

subsistence fishers, or it may be issued 

specifically for sensitive populations, such 

as pregnant women, nursing mothers, and 

children.

A specific waterbody or waterbody type 

may be under advisory for more than one 

affected fish species or chemical 

contaminant. For this reason, the total 

number of advisories does not convey the 

geographic extent of the waters subject to 

state advice. Therefore, EPA also reports 

1 This fact sheet summarizes data submitted by the states and discusses changes in 

advisories for the 2011 data reporting cycle. Advisory data for the 2010 reporting cycle 

and previous years can be found on the EPA website at water.epa.gov/scitech/

swguidance/fishshellfish/fishadvisories.

2011

National Listing of Fish Advisories 

EPA-820-F-13-058

December 2013

The 2011 NLFA is available online at:

http://water.epa.gov/scitech/swguidance/fishshellfish/fishadvisories
2

2011 National Listing of Fish Advisories

the data as the percentage of lake acres 

and river miles for which advisories 

are currently in effect on a national 

level (Figure 1). 

States issue statewide advisories to 

warn the public of the potential human 

health risks from chemical 

contamination of certain species of fish 

from all waterbodies within the state. 

States also issue safe eating guidelines 

to inform the public that fish from 

specific waterbodies have been tested 

for chemical contaminants and that, 

based on those results, certain species 

of fish from those waterbodies are safe 

to eat without consumption 

restrictions. As states and tribes 

increase their monitoring activities, the 

quantity of available information about 

fish contamination also increases, 

resulting in better public health 

protection.

National Fish Advisory Program Website

The National Fish Advisory Program website (http://

water.epa.gov/scitech/swguidance/fishshellfish/

fishadvisories/) provides information about fish 

advisories, fish consumption advice, risks and benefits of 

fish consumption, national technical guidance and reports, 

the fish advisory newsletter, the NLFA database, and state fish 

advisory program contacts. 

The NLFA database also contains data on waterbodies under 

advisory and the concentrations of contaminants in fish tissue for 

49 states. By searching the NFLA application, users can generate 

national, regional, and state reports that summarize advisory and 

fish tissue information.

Synopsis of the 2011 National Listing of Fish 

Advisories 

The EPA’s 2011 National Listing of Fish Advisories indicates 

that the number of waterbodies with active fish advisories had a 

net increase of 223, from 4,598 in 2010 to 4,821 in 2011. 

Approximately 17.7 million lake acres and 1.36 million river 

miles were under advisory in 2011, representing 42.3 percent of 

the nation’s total lake acreage and 36 percent of the nation’s total 

river miles (Figure 1). While the number of advisories increased 

between 2010 and 2011, the percent of the nation’s river miles 

under advisory remained unchanged because advisories issued 

were for small waterbodies. As shown in Figure 2, 37 states 

(including the District of Columbia) had statewide advisories in 

effect in 2011.

Waterbodies are often under advisory for multiple contaminants, 

species and/or species size classes. A change to the number of 

acres or miles in the national percentages reported above 

Figure 1. Percentage of total lake acres and river miles under advisory 

from 1993 to 2011. Photo Credit: Rob Shaut
3

2011 National Listing of Fish Advisories

indicates that advisories have been issued at new 

waterbodies (not already under advisory for another 

contaminant and/or species) or that all active advisories have 

been rescinded at a particular waterbody. In 2011, five 

rescinded advisories were subtracted from the national total. 

Those advisories were in Arkansas (1), Colorado (2), and 

Nebraska (2).

Safe Eating Guidelines

The EPA encourages states to issue safe eating guidelines 

when providing advisory information to inform the public 

that certain species of fish from specific waterbodies have 

been tested and have been shown to contain very low levels 

of contaminants. Safe eating guidelines are recommendations 

for unlimited or unrestricted consumption of specific species 

of fish from a given waterbody. Safe eating guidelines issued 

by states promote healthy eating. The states help promote 

recreational fishing by identifying monitored waters where 

designated fish are safe to eat. 

Safe eating guidelines are currently in effect at 1,040 

waterbodies. This represents an increase of 132 waterbodies 

between 2010 and 2011. In 2011, safe eating guidelines were in 

effect in 21 states covering approximately 53,252 river miles (2 

percent of the national total as reported in 2011) and 2.9 million 

lake acres (10 percent of the national total as reported in 2011). 

The river-mile and lake-acre figures represent an increase of 7 

rivers (22 miles) and 124 lakes (371,286 acres) since 2010. 

Bioaccumulative Contaminants

Although there are advisories in the United States for 34 

different chemical contaminants, 94 percent of all advisories in 

effect in 2011 involved the following five bioaccumulative 

Figure 2. States with statewide advisories in effect in 2011.
4

2011 National Listing of Fish Advisories

chemical contaminants: mercury, polychlorinated biphenyls 

(PCBs), chlordane, dioxins, and dichlorodiphenyltrichloroethane (DDT) (Figures 3 and 4, Table 1). These chemical 

contaminants accumulate in the tissues of aquatic organisms 

at concentrations many times higher than concentrations in 

the water and can persist for many years in sediments, where 

bottom-dwelling organisms that are lower on the food chain 

can accumulate them and pass them to fish that are higher on 

the food chain. As a result, top predators in a food chain 

(e.g., largemouth bass, walleye) may have higher 

concentrations of bioaccumulative contaminants in their 

tissues than concentrations of contaminants found in the 

water.

Other bioaccumulative compounds that states monitor include 

perfluorooctane sulfonate (PFOS), perfluorooctanoic acid 

(PFOA) and pentachloroanilsole. PFOS and PFOA are known as 

contaminants of emerging concern, broadly defined as “a 

chemical or material that is a perceived, potential, or real threat to 

human health or the environment, or lacks published health 

standards. A contaminant may also be “emerging” because of the 

discovery of a new source or a new exposure pathway to humans, 

or a new detection method or treatment technology has been 

developed” (USEPA 2013)2. While no fish advisories due to 

PFOA, PFOS, or pentachloroanisole were issued in 2011, several 

state programs are beginning to collect data for these compounds.

Mercury: As of 2011, 50 states, 1 U.S. territory, and 3 tribes 

had mercury advisories in effect. Eighty-one percent of all 

Figure 3. Total lake acres under advisory for mercury, PCBs, chlordane, dioxins, DDT, and other 

contaminants from 1993 to 2011.

2 USEPA. (2013). Emerging Contaminants: Perfluorooctane Sulfonate (PFOS) and Perfluorooctanoic Acid (PFOA); Emerging Contaminants Fact 

Sheet—PFOs and PFOA. Retrieved October 29, 2013, from: http://www.epa.gov/fedfac/pdf/ec_technical_fs_pfos_pfoa_march_2013.pdf. 
5

2011 National Listing of Fish Advisories

Contaminant Number of Waterbodies 

Under Advisory 

Lake Acres River Miles

2010 2011 2010 2011 2010 2011

Mercury 3,710 3,921 16,396,422 16,404,769 1,143,327 1,144,045 

PCBs 1,084 1,102 6,071,877 6,080,041 131,224 131,657

Chlordane 60 60 824,290 824,290 53,893 53,893 

Dioxins 128 129 35,400 35,400 2,333 2,333 

DDT 58 67 876,470 876,571 68,884 68,927 

Table 1. Number of waterbodies under advisory and size of waters under advisory, by contaminant, for 2010 

and 2011 — as documented in the NLFA database.

Figure 4. Total river miles under advisory for mercury, PCBs, chlordane, dioxins, DDT, and other 

contaminants from 1993 to 2011.
6

2011 National Listing of Fish Advisories

DDT: The use of DDT, a highly persistent organochlorine 

pesticide, was banned in the United States in 1975. Nine new 

DDT advisories were issued in 2011, increasing from 58 in 2010 

to 67 in 2011. In 2011 there were 876,571 lake acres and 68,927 

river miles under advisory for DDT, an increase of 101 acres and 

43 miles. 

Other Contaminants: In 2011, approximately six percent of 

all active advisories were issued for other contaminants, which 

include petroleum compounds, heavy metals, and organochlorine pesticides. These advisories cover approximately 2.5 

million lake acres and 243,304 river miles. Aldrin is the only 

new contaminant for which an advisory was issued in 2011. The 

Texas Department of State Health Services issued an advisory for 

the insecticides aldrin and dieldrin after a laboratory test showed 

elevated levels of the contaminants along with PCBs in fish 

samples collected from Lake Worth, Texas.

National Advice Concerning Mercury in Fish

In 2004, the EPA and the U.S. Food and Drug Administration 

(FDA) issued advice for women who might become pregnant, 

pregnant women, nursing mothers, and children: 

By adhering to the following three recommendations for selecting 

and eating fish or shellfish, women and young children will 

receive the health benefits of eating fish and shellfish and be 

confident that they have reduced their exposure to the harmful 

effects of mercury:

Do not eat shark, swordfish, king mackerel, or tilefish 

because they contain high levels of mercury. 

Eat up to 12 ounces (two average meals) each week of a 

variety of fish and shellfish that are lower in mercury. 

− Five of the most commonly consumed fish that are low in 

mercury are shrimp, canned light tuna, salmon, pollock, and 

catfish. 

− Albacore (“white”) tuna is another commonly consumed 

fish that has more mercury than canned light tuna. Eat up to 

6 ounces (one average meal) of albacore tuna per week. 

Check local advisories about the safety of fish caught by 

family and friends in local lakes, rivers, and coastal areas. If 

no advice is available, eat up to 6 ounces (one average meal) 

per week of fish caught from local waters, but do not 

consume any other fish during that week. 

Follow these same recommendations when including fish and 

shellfish in a young child’s diet, but serve smaller portions.

For more information about the ways to reduce mercury 

exposure, consult EPA’s brochure, What You Need to Know 

advisories in effect were issued, at least in part, because of 

mercury. In 2011, 211 new mercury advisories were issued 

(173 lakes; 37 rivers; 1 bayou). In total, approximately 16.4 

million lake acres and 1.1 million river miles were under 

advisory for mercury in 2011, an increase of 8,347 acres and 

718 miles from 2010. 

PCBs: Twenty-three percent of all advisories in effect in 

2011 were due to PCBs. Between 2010 and 2011, PCB 

advisories were issued for 8 lakes and 11 rivers. 

Approximately 6.1 million lake acres and 132,000 river 

miles were under advisory for PCBs in 2011, representing an 

increase of 8,154 lake acres and 433 river miles from 2010.

Chlordane: All registered uses of the pesticide chlordane 

were banned in the United States. in 1988. Between 2010 

and 2011, lake acres and river miles under advisory for 

chlordane remained the same. No new advisories were 

issued. 

Dioxins: No new lake or river advisories were issued for 

dioxins in 2011. One new dioxin advisory was issued for an 

estuary in 2011. In 2011 there were 35,400 lake acres and 

2,333 river miles under advisory for dioxin, the same 

numbers as in 2010.

Photo Credit: Rob Shaut
7

2011 National Listing of Fish Advisories

About Mercury in Fish and Shellfish, available on EPA’s 

NLFA website at http://water.epa.gov/scitech/swguidance/

fishshellfish/outreach/advice_index.cfm. On the website, 

this publication is available to download in several 

languages, including Cambodian, Chinese, Hmong, 

Korean, Portuguese, Vietnamese and Spanish.

EPA Fish Contamination Studies

Monitoring the concentrations of persistent, 

bioaccumulative, and toxic (PBT) chemicals in fish tissue 

is an important national activity for assessing the quality 

of U.S. waters, estimating human health risk from fish 

consumption, and tracking the effectiveness of pollution 

control programs. Since 1998, EPA has conducted fish 

tissue studies to support critical agency missions that 

include evaluating water quality of U.S. lakes and rivers 

based on chemical concentrations in fish, providing 

information to the general public on the range and levels 

of chemical contaminants found in fish commonly caught 

and consumed by recreational and subsistence fishers, and 

generating data to measure the effectiveness of air and 

water pollution control programs. 

In 2009, EPA released the results of a national screeninglevel survey of 268 PBT chemicals in fish from U.S. lakes 

and reservoirs including mercury, arsenic, dioxins and 

furans, the full complement of PCB congeners, and a large 

number of pesticides and semivolatile organic 

compounds. Results from this statistically-designed study 

allowed EPA to estimate the percentage of lakes and 

reservoirs in the United States with chemical 

concentrations in fish tissue that are above levels of 

potential concern for humans who eat fish. 

In addition to monitoring the legacy persistent organic 

contaminants and toxic metals that form the basis for most 

of the advisories described in this report, EPA has 

expanded the evaluation of contaminants in fish tissue to 

include contaminants of emerging concern. EPA’s 

sampling and analysis activities include the collection and 

analysis of fish tissue samples to determine the occurrence 

of pharmaceuticals and personal care products (PPCPs), 

brominated flame retardants (i.e., polybrominated 

diphenyl ethers or PBDEs), and perfluorinated compounds 

(PFCs, e.g., PFOA or PFOS) as part of national studies of 

fish from lakes and rivers. 

Fish tissue samples collected from urban river segments as a 

part of the 2008-09 National Rivers and Streams Assessment 

(NRSA) were analyzed for the presence of PPCPs, PBDEs, and 

PFCs. In addition, a suite of persistent organic compounds 

were analyzed and mercury levels determined in all river 

samples (urban and non-urban) in this national study. In 2010, 

the EPA also collected fish tissue samples at 157 statistically 

representative nearshore locations in the five Great Lakes 

(about 30 sites per lake) as part of the National Coastal 

Condition Assessment. Samples from the Great Lakes are 

being analyzed for mercury, PCBs, PBDEs, PFCs, and fatty 

acids. EPA will collect fish tissue samples during the 2013-14 

NRSA to allow the evaluation of temporal trends in fish tissue 

contamination (for mercury, PBDEs, and PFCs) by comparing 

results to the 2008-09 NRSA. For more information about 

these studies, contact Leanne Stahl (stahl.leanne@epa.gov).

Fish Contamination Program Activities

Fish Consumption Rate Analysis

In support of federal, state and tribal water quality and advisory 

programs, EPA is reviewing fish consumption rates based on 

data reported by the Centers for Disease Control and 

Prevention in the National Health and Nutrition Examination 

Survey (NHANES). Fish consumption data from five 

NHANES cycles (2003-2012) are being analyzed to determine 

trends in fish consumption as well as the extent to which fish 

consumption rates (FCRs) may have changed since the analysis 

of fish consumption data that was derived from the U.S. 

Department of Agriculture’s Continuing Survey of Food Intake 

by Individuals (CSFII), in 2000. The CSFII data served as the 

basis for the current EPA default FCRs of 17.5 grams of fish/

day for recreational fishers and 142.5 grams fish/day for 

Photo Credit: Patrick Fulkrod
8

2011 National Listing of Fish Advisories

Additional Information:

For more information about specific advisories 

within a state, contact the appropriate state 

agency listed on EPA’s Fish Advisory Program 

website: 

http://water.epa.gov/scitech/swguidance/

fishshellfish/fishadvisories. 

For more information about the NLFA or 

EPA’s Fish Advisory Program, contact: 

Jeff Bigler, National Program Manager

National Fish Advisory Program

U.S. Environmental Protection Agency 

Office of Science and Technology (4305T) 

1200 Pennsylvania Avenue, NW 

Washington, DC 20460 

Telephone: (202) 566-0389

E-mail: bigler.jeff@epa.gov

subsistence fishers. EPA expects to complete the FCR analysis 

in 2014.

National Guidance on Conducting Fish Consumption 

Surveys

EPA is in the process of updating its National Guidance on 

Conducting Fish and Wildlife Consumption Surveys, last 

published in 1998 (see http://water.epa.gov/scitech/swguidance/

fishshellfish/fishadvisories/index.cfm). 

EPA expects that this new guidance will take approximately 

two years to develop and publish.

NHANES Analysis 

In support of the EPA 2011-2015 Strategic Plan, EPA has 

analyzed the measurement of blood mercury levels in women 

of reproductive age as reported in NHANES. EPA has 

finalized and is preparing to release a report detailing the 

analysis of NHANES 1999-2010 survey data. The report 

presents EPA’s investigation of trends over time in blood 

mercury concentrations and fish consumption in women 16-49 

years of age. EPA expects to release the report in the fall of 

2013 on the EPA Fish Advisory Program website at http://

water.epa.gov/scitech/swguidance/fishshellfish/fishadvisories/.

Additionally, EPA is analyzing the 1999-2000 and 2003-

2010 NHANES data and developing a report on the 

distribution of PFOS concentrations in U.S. women of 

reproductive age (16 to 49 years) and the relationship with 

finfish and shellfish consumption. EPA plans to release a 

report in Spring 2014 on the Fish Advisory Program 

website. 

Report on Assessing the Effectiveness of a 

Mississippi Delta Fish Advisory

In cooperation with the Mississippi Department of 

Environmental Quality (MDEQ) and the FDA, EPA 

conducted a survey to evaluate the effectiveness of the 

Regional Mississippi Delta fish advisory issued by MDEQ 

in 2001. MDEQ issued the advisory because certain species 

of fish harvested from Delta waters had high levels of DDT 

and toxaphene. EPA and MDEQ conducted the survey to 

understand the extent to which the Delta residents who 

catch and/or eat wild caught fish from the Delta were aware 

of the advisory, and for those aware, the changes they have 

made in the types of fish they catch and eat since hearing of 

the advisory. The final report can be accessed on the EPA 

Fish Advisory Program website at: http://water.epa.gov/

scitech/swguidance/fishshellfish/fishadvisories/.
APPENDIX C

Federal Register Notice for Original Information Collection Request 

for the National Listing of Advisories April 21, 2000 (Volume 65, 

Number 78, pages 21415–21416).

Federal Register Notice for Renewal Information Collection Request 

for the National Listing of Advisories August 14, 2003 (Volume 68, 

Number 157, pages 48605–48606).

Federal Register Notice for Renewal Information Collection Request 

for the National Listing of Advisories April 12, 2007 (Volume 72, 

Number 70, pages 18475–18477).

Federal Register Notice for Renewal Information Collection Request for 

the National Listing of Advisories October 25, 2010 (Volume 75, 

Number 205, pages 65478– 65479).
Federal Register / Vol. 65, No. 78 / Friday, April 21, 2000 / Notices 21415

CAG–23.

Omitted

CAG–24.

Docket#, CP00–14, 000, Buccaneer Gas

Pipeline Company, L.L.C.

Other#s, CP00–15, 000, Buccaneer Gas

Pipeline Company, L.L.C.

CP00–16, 000, Buccaneer Gas Pipeline

Company, L.L.C.

CAG–25.

Docket#, CP00–45, 000, Eastern Shore

Natural Gas Company

CAG–26.

Docket#, CP00–6, 000, Gulfstream Natural

Gas System, L.L.C.

Other#s, CP00–7, 000, Gulfstream Natural

Gas System, L.L.C.

CP00–8, 000, Gulfstream Natural Gas

System, L.L.C.

CAG–27.

Omitted

CAG–28.

Docket#, CP96–684, 001, Interenergy

Sheffield Processing Company, Bear Paw

Energy, L.L.C.

CAG–29.

Omitted

CAG–30.

Docket#, RP99–471, 001, Williams Field

Services Group, Inc. v. El Paso Natural

Gas Company

CAG–31.

Docket#, CP97–315, 003, Independence

Pipeline Company

Other#s, CP97–319, 002, ANR Pipeline

Company

CP97–320, 001, Independence Pipeline

Company

CP97–321, 001, Independence Pipeline

Company

CP98–200, 002, National Fuel Gas Supply

Corporation

CP98–540, 002, Transcontinental Gas Pipe

Line Corporation

CAG–32.

Docket#, CP96–687, 002, Iroquois Gas

Transmission System

Hydro Agenda

H–1.

Reserved

Electric Agenda

E–1.

Reserved

Oil and Gas Agenda

I.

Pipeline Rate Matters

PR–1.

Reserved

II.

Pipeline Certificate Matters

PC–1.

Reserved

David P. Boergers,

Secretary.

[FR Doc. 00–10204 Filed 4–19–00; 3:51 pm]

BILLING CODE 6717–01–P

ENVIRONMENTAL PROTECTION

AGENCY

[FRL–6582–7]

Agency Information Collection

Activities: Proposed Collection;

Comment Request; Information

Collection Request for the National

Listing of Advisories

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Notice.

SUMMARY: In compliance with the

Paperwork Reduction Act (44 U.S.C.

3501 et seq.), this document announces

that EPA is planning to submit the

following new Information Collection

Request (ICR) to the Office of

Management and Budget (OMB):

Information Collection Request for the

National Listing of Advisories (EPA ICR

Number 1959.01). Before submitting the

ICR to OMB for review and approval,

EPA is soliciting comments on specific

aspects of the proposed information

collection as described below.

DATES: Comments must be submitted on

or before June 20, 2000.

ADDRESSES: Jeffrey Bigler, U.S.

Environmental Protection Agency,

Office of Science and Technology, 401

M Street SW., Maildrop 4305,

Washington, DC 20460, (202) 260–1305,

by e-mail at bigler.jeff@epa.gov, or

download a copy off the Internet at

http://www.epa.gov/icr and refer to EPA

ICR No. 1959.01.

FOR FURTHER INFORMATION CONTACT:

Jeffrey Bigler at EPA, (202) 260–1305, by

e-mail at bigler.jeff@epa.gov.

SUPPLEMENTARY INFORMATION:

Affected Entities

Entities potentially affected by this

action are those which issue fish

consumption advisories within their

state, territory, or tribal jurisdictions.

Title

Information Collection Request for the

National Listing of Advisories (EPA ICR

Number 1959.01). This is a request for

a new collection.

Abstract

Release of chemical contaminants into

our Nation’s waters from industrial

pollution, sprawling urbanization, and

introduction of new pesticides in

agriculture poses potentially serious

public health problems. Recent studies

have confirmed that adverse health

effects can result from consumption of

chemically-contaminated fish from

contaminated waters. These adverse

affects have been one of EPA’s long

standing concerns. They are also

directly related to such Clean Water Act

responsibilities as water quality

standards, surface water quality, and to

the Agency’s effort to ensure that the

waters of the United States are both

‘‘fishable’’ and ‘‘swimmable.’’ Based on

results from the 1998 National Listing of

Fish and Wildlife Advisories (NLFWA)

database, fish consumption advisories

have been issued by 47 states and from

100 to 200 new advisories are issued

every year nationwide.

EPA believes there is a need to

maintain and improve the existing

quality and availability of public

information concerning fish advisories,

which includes but is not limited to

monitoring and risk assessment

activities and the issuance of advisories.

Primary responsibility for these

activities lies with each state, territory,

or tribal jurisdiction, however, several

agencies often share responsibilities for

these activities. Consequently, EPA’s

Office of Water will conduct an annual

fish advisory survey which will be sent

to environmental and health officials

from state, territorial, and tribal agencies

specifically responsible for the issuance

of fish advisories. This survey will

collect information (electronically via

the Internet and on paper) on the

location of advisories and agencies and

persons responsible for maintaining and

issuing advisories for lakes and rivers,

and for estuarine and coastal marine

waterbodies. Responses to the

questionnaire (either on paper or

electronically via the Internet) are

needed to assess public health risks of

consuming chemically-contaminated

fish, and to make this information

available to the public.

The EPA will use the information to

update existing advisory information in

the EPA’s National Listing of Fish and

Wildlife Advisories (NLFWA) electronic

database which has archived fish

advisory data since 1994. The results of

the nationwide data collection effort are

shared with the states, territories, tribes,

other federal agencies and the general

public through access to the NLFWA

database which can be queried for

specific information and through

distribution of the annual Fish Advisory

Fact Sheet via the Internet. Results of

this and past surveys will be available

at EPA’s NLFWA web site (http://

www.epa.gov/OST/fish/). Information

from these surveys has stimulated

nationwide dialogue on fish

consumption advisories involving

agencies and the public. This

information is being used to identify

and clarify issues that will lead to the

continued development of national

guidance to assist states on sampling

21416 Federal Register / Vol. 65, No. 78 / Friday, April 21, 2000 / Notices

and analysis, risk assessment

procedures, risk management practices,

and risk communication procedures that

will further protect human health.

The purpose of the new collection is

two-fold. First, the survey is needed to

continue to collect and update

quantitative information on the number

of advisories issued by states, territories,

and tribes annually, including detailed

information on species sampled,

chemical contaminants involved,

waterbodies under advisory (including

freshwater, estuarine, and marine

waterbodies), target populations to

which the advisory refers (e.g., pregnant

women, nursing mothers, and young

children), geographic location of each

advisory, and tissue residue data

supporting the states’ advisories. In

addition, the expanded questionnaire

portion of the survey will provide

information on monitoring procedures

used to collect and analyze fish

samples, risk assessment methodologies

used to evaluate fish tissue residue data

and issue advisories, and risk

communication procedures used to

communicate the human health risks of

consuming chemically-contaminated

species. From this information, EPA can

determine how to most effectively

provide assistance to state, territorial,

and tribal fish advisory programs to

improve effectiveness among

jurisdictions through the use of

appropriate procedures for sampling,

chemical analysis, risk assessment, and

risk communication. Completion of this

survey is voluntary and the information

requested is part of the state public

record associated with issuing the

advisories. Over the last few years, the

states have requested guidance from

EPA in their fish advisory programs and

a more comprehensive questionnaire

will provide the states with the

opportunity to identify those advisory

areas for which they most need EPA

assistance.

An agency may not conduct or

sponsor, and a person is not required to

respond to, a collection of information

unless it displays a currently valid OMB

control number. The OMB control

numbers for EPA’s regulations are listed

in 40 CFR part 9 and 48 CFR chapter 15.

The EPA would like to solicit

comments to:

(i) Evaluate whether the proposed

collection of information is necessary

for the proper performance of the

functions of the agency, including

whether the information will have

practical utility;

(ii) Evaluate the accuracy of the

agency’s estimate of the burden of the

proposed collection of information,

including the validity of the

methodology and assumptions used;

(iii) Enhance the quality, utility, and

clarity of the information to be

collected; and

(iv) Minimize the burden of the

collection of information on those who

are to respond, including through the

use of appropriate automated electronic,

mechanical, or other technological

collection techniques or other forms of

information technology, e.g., permitting

electronic submission of responses.

Burden Statement:

The annual public reporting and

record keeping burden for this

collection of information is estimated to

average 36.5 hours per response. Burden

means the total time, effort, or financial

resources expended by persons to

generate, maintain, retain, or disclose or

provide information to or for a Federal

agency. This includes the time needed

to review instructions; develop, acquire,

install, and utilize technology and

systems for the purposes of collecting,

validating, and verifying information,

processing and maintaining

information, and disclosing and

providing information; adjust the

existing ways to comply with any

previously applicable instructions and

requirements; train personnel to be able

to respond to a collection of

information; search data sources;

complete and review the collection of

information; and transmit or otherwise

disclose the information.

Respondents/Affected Entities: State,

territory, and tribal environmental and

health agencies (50 states, District of

Columbia, 5 territories, and 36 tribal

agencies).

Estimated Number of Respondents:

92.

Frequency of Response: Annually.

Estimated Total Annual Hours

Burden: 3,358 hours.

Estimated Total Annualized Cost

Burden (non-labor costs): $552.00.

Geoffrey H. Grubbs,

Director, Office of Science and Technology.

[FR Doc. 00–10035 Filed 4–20–00; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

[FRL–6583–9]

Agency Information Collection

Activities: Submission for OMB

Review; Comment Request; Resource

Conservation and Recovery Act

(RCRA) Corrective Action Information

Request

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Notice.

SUMMARY: In compliance with the

Paperwork Reduction Act (44 U.S.C.

3501 et seq.), this document announces

that the following Information

Collection Request (ICR) has been

forwarded to the Office of Management

and Budget (OMB) for review and

approval: RCRA Corrective Action

Information Request (EPA ICR No.

1939.01). The ICR describes the nature

of the information collection and its

expected burden and cost; where

appropriate, it includes the actual data

collection instrument.

DATES: Comments must be submitted on

or before May 22, 2000.

FOR FURTHER INFORMATION CONTACT: For

a copy of the ICR contact Sandy Farmer

at EPA by phone at (202) 260–2740, by

email at farmer.sandy@epamail.epa.gov,

or download off the Internet at http://

www.epa.gov/icr and refer to EPA ICR

No. 1939.01. For technical questions

about the ICR contact Heather Harris at

(703) 308–6101.

SUPPLEMENTARY INFORMATION:

Title: Resource Conservation and

Recovery Act (RCRA) Corrective Action

Information Request (EPA ICR No.

1939.01). This is a new collection.

Abstract: This information collection

is in response to an April 15, 1999

request from Congress concerning the

RCRA Corrective Action program.

Included in this inquiry were certain

questions which only the state offices

have the information to answer. EPA

intends to obtain this information from

the states by means of a questionnaire.

The questionnaire includes facility

specific questions on all RCRA Cleanup

Baseline facilities, enforcement orders,

state authority, and federal funding.

Responses to this request will be

mandatory and all information will be

used to respond to Congress and to

provide an accurate picture of the

current state of the program. An agency

may not conduct or sponsor, and a

person is not required to respond to, a

collection of information unless it

displays a currently valid OMB control

number. The OMB control numbers for

Federal Register / Vol. 68, No. 157 / Thursday, August 14, 2003 / Notices 48605

via the Internet in lieu of paper; see 18 

CFR 385.2001(a)(1)(iii) and the 

instructions on the Commission’s Web 

site under the ‘‘e-Filing’’ link. The 

Commission strongly encourages 

electronic filings.

Magalie R. Salas, 

Secretary.

[FR Doc. 03–20687 Filed 8–13–03; 8:45 am] 

BILLING CODE 6717–01–P

ENVIRONMENTAL PROTECTION 

AGENCY 

[OW–2003–0076, FRL–7544–3] 

Agency Information Collection 

Activities: Proposed Collection; 

Comment Request; National Listing of 

Advisories, EPA ICR Number 1959.02, 

OMB Control Number 2040–0026

AGENCY: Environmental Protection 

Agency (EPA).

ACTION: Notice.

SUMMARY: In compliance with the 

Paperwork Reduction Act (44 U.S.C. 

3501 et seq.), this document announces 

that EPA is planning to submit a 

continuing Information Collection 

Request (ICR) to the Office of 

Management and Budget (OMB). This is 

a request to renew an existing approved 

collection. This ICR is scheduled to 

expire on January 31, 2004. Before 

submitting the ICR to OMB for review 

and approval, EPA is soliciting 

comments on specific aspects of the 

proposed information collection as 

described below.

DATES: Comments must be submitted on 

or before October 14, 2003.

ADDRESSES: Submit your comments, 

referencing Docket ID No. OW–2003–

0076, to EPA online using EDOCKET 

(our preferred method), by e-mail to 

OW-Docket@epa.gov, or by mail to: EPA 

Docket Center, Environmental 

Protection Agency, Water Docket 

MC4101T, 1200 Pennsylvania Ave., 

NW., Washington, DC 20460, attention: 

Information Collection Request for the 

National Listing of Advisories.

FOR FURTHER INFORMATION CONTACT:

Jeffrey D. Bigler, National Program 

Manager, National Fish and Wildlife 

Contamination Program (4305T), Office 

of Science and Technology, U.S. EPA, 

1200 Pennsylvania Ave., NW., 

Washington, DC 20460; telephone 

number: (202) 566–0389; fax number: 

(202) 566–0409; e-mail address: 

bigler.jeff@epa.gov.

SUPPLEMENTARY INFORMATION: The EPA 

has established a public docket for this 

ICR under Docket ID number OW–2003–

0076, which is available for public 

viewing at the Water Docket in the EPA 

Docket Center (EPA/DC), EPA West, 

Room B102, 1301 Constitution Ave., 

NW., Washington, DC. The EPA Docket 

Center Public Reading Room is open 

from 8:30 a.m. to 4:30 p.m., Monday 

through Friday, excluding legal 

holidays. The telephone number for the 

Reading Room is (202) 566–1744, and 

the telephone number for the Water 

Docket is (202) 566–2426. An electronic 

version of the public docket is available 

through EPA Dockets (EDOCKET) at 

http://www.epa.gov/edocket. Use 

EDOCKET to obtain a copy of the draft 

collection of information, submit or 

view public comments, access the index 

listing of the contents of the public 

docket, and to access those documents 

in the public docket that are available 

electronically. Once in the system, 

select ‘‘search,’’ then key in the docket 

ID number identified above. 

Any comments related to this ICR 

should be submitted to EPA within 60 

days of this notice. The EPA’s policy is 

that public comments, whether 

submitted electronically or in paper, 

will be made available for public 

viewing in EDOCKET as EPA receives 

them and without change, unless the 

comment contains copyrighted material, 

CBI, or other information whose public 

disclosure is restricted by statute. When 

EPA identifies a comment containing 

copyrighted material, EPA will provide 

a reference to that material in the 

version of the comment that is placed in 

EDOCKET. The entire printed comment, 

including the copyrighted material, will 

be available in the public docket. 

Although identified as an item in the 

official docket, information claimed as 

CBI, or whose disclosure is otherwise 

restricted by statute, is not included in 

the official public docket, and will not 

be available for public viewing in 

EDOCKET. For further information 

about the electronic docket, see EPA’s 

Federal Register notice describing the 

electronic docket at 67 FR 38102 (May 

31, 2002), or go to http://www.epa.gov./

edocket.

Affected entities: Entities potentially 

affected by this action are 

Administrators of Public Health and 

Environmental Quality Programs in 

State and tribal governments (NAICS 

92312/SIC 9431 and NAICS 92411/SIC 

9511). 

Title: National Listing of Advisories. 

Abstract: The National Listing of Fish 

and Wildlife Advisories (NLFWA) 

Database contains information on the 

number of new advisories issued by 

each state, territory, or tribe annually. 

The advisory information collected 

identifies the waterbody under advisory, 

the fish or shellfish species and size 

ranges included in the advisory, the 

chemical contaminants and residue 

levels causing the advisory to be issued, 

the waterbody type (river, lake, estuary, 

coastal waters), and the target 

populations to whom the advisory is 

directed. This information is collected 

under the authority of section 104 of the 

Clean Water Act, which provides for the 

collection of information to be used to 

protect human health and the 

environment. The results of the survey 

are shared with states, territories, tribes, 

other federal agencies, and the general 

public through the NLFWA database 

and the distribution of annual fish 

advisories fact sheets. The responses to 

the survey are voluntary and the 

information requested is part of the state 

public record associated with the 

advisories. No confidential business 

information is requested. An agency 

may not conduct or sponsor, and a 

person is not required to respond to, a 

collection of information unless it 

displays a currently valid OMB control 

number. The OMB control numbers for 

EPA’s regulations in 40 CFR. The EPA 

would like to are listed in 40 CFR part 

9. 

The EPA would like to solicit 

comments to: 

(i) Evaluate whether the proposed 

collection of information is necessary 

for the proper performance of the 

functions of the Agency, including 

whether the information will have 

practical utility; 

(ii) Evaluate the accuracy of the 

Agency’s estimate of the burden of the 

proposed collection of information, 

including the validity of the 

methodology and assumptions used; 

(iii) Enhance the quality, utility, and 

clarity of the information to be 

collected; and 

(iv) Minimize the burden of the 

collection of information on those who 

are to respond, including through the 

use of appropriate automated electronic, 

mechanical, or other technological 

collection techniques or other forms of 

information technology, e.g., permitting 

electronic submission of responses. 

Burden Statement: The annual public 

reporting burden for the collection of 

information (averaged over the first 

three years of the information collection 

request) is 3,566 labor hours per year. 

This includes one response per year 

from 92 respondents with an average of 

38.76 hours per response. The total 

annualized cost to the respondents is 

estimated at $529.00. No capital or 

startup costs are required. Burden 

means the total time, effort, or financial 

resources expended by persons to 

generate, maintain, retain, or disclose or 

48606 Federal Register / Vol. 68, No. 157 / Thursday, August 14, 2003 / Notices 

provide information to or for a Federal 

agency. This includes the time needed 

to review instructions; develop, acquire, 

install, and utilize technology and 

systems for the purposes of collecting, 

validating, and verifying information, 

processing and maintaining 

information, and disclosing and 

providing information; adjust the 

existing ways to comply with any 

previously applicable instructions and 

requirements; train personnel to be able 

to respond to a collection of 

information; search data sources; 

complete and review the collection of 

information; and transmit or otherwise 

disclose the information.

Dated: August 8, 2003. 

Geoffrey H. Grubbs, 

Director, Office of Science and Technology.

[FR Doc. 03–20779 Filed 8–13–03; 8:45 am] 

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION 

AGENCY 

[OW–2003–0064, FRL–7544–6] 

Agency Information Collection 

Activity: Proposed Collection; 

Comment Request; Questionnaire for 

Nominees for the Annual National 

Clean Water Act Recognition Awards 

Program, EPA ICR 1287.06, OMB 

Control Number 2040–0101

AGENCY: Environmental Protection 

Agency (EPA).

ACTION: Notice.

SUMMARY: In compliance with the 

Paperwork Reduction Act (44 U.S.C. 

3501 et seq.), this document announces 

that EPA is planning to submit a 

continuing Information Collection 

Request (ICR) to the Office of 

Management and Budget (OMB). This is 

a request to renew an existing approved 

collection. This ICR is scheduled to 

expire on February 29, 2004. Before 

submitting the ICR to OMB for review 

and approval, EPA is soliciting 

comments on specific aspects of the 

proposed information collection as 

described below.

DATES: Comments must be submitted on 

or before October 14, 2003.

ADDRESSES: Submit your comments, 

referencing docket ID number OW–

2003–0064, to EPA online using 

EDOCKET (our preferred method), by

e-mail to ow-docket@epa.gov, or by mail 

to: EPA Docket Center, Environmental 

Protection Agency, Office of Water 

Docket, MC 4101–T, 1200 Pennsylvania 

Ave., NW., Washington, DC 20460.

FOR FURTHER INFORMATION CONTACT:

Maria E. Campbell, Municipal 

Assistance Branch, MC 4204–M, 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460; telephone number: 202–564–

0628; fax number: 202–501–2396; e-mail 

address: campbell.maria@epa.gov.

SUPPLEMENTARY INFORMATION: EPA has 

established a public docket for this ICR 

under Docket ID number OW–2003–

0064, which is available for public 

viewing at the Office of Water Docket in 

the EPA Docket Center (EPA/DC), EPA 

West, Room B102, 1301 Constitution 

Ave., NW., Washington, DC. The EPA 

Docket Center Public Reading Room is 

open from 8:30 a.m. to 4:30 p.m., 

Monday through Friday, excluding legal 

holidays. The telephone number for the 

Reading Room is (202) 566–1744, and 

the telephone number for the Office of 

Water Docket is (202) 566–2426. An 

electronic version of the public docket 

is available through EPA Dockets 

(EDOCKET) at http://www.epa.gov/

edocket. Use EDOCKET to obtain a copy 

of the draft collection of information, 

submit or view public comments, access 

the index listing of the contents of the 

public docket, and to access those 

documents in the public docket that are 

available electronically. Once in the 

system, select ‘‘search,’’ then key in the 

docket ID number identified above. 

Any comments related to this ICR 

should be submitted to EPA within 60 

days of this notice. EPA’s policy is that 

public comments, whether submitted 

electronically or in paper, will be made 

available for public viewing in 

EDOCKET as EPA receives them and 

without change, unless the comment 

contains copyrighted material, CBI, or 

other information whose public 

disclosure is restricted by statue. When 

EPA identifies a comment containing 

copyrighted material, EPA will provide 

a reference to that material in the 

version of the comment that is placed in 

EDOCKET. The entire printed comment, 

including copyrighted material, will be 

available in the public docket. Although 

identified as an item in the official 

docket, information claimed as CBI, or 

whose disclosure is otherwise restricted 

by statute, is not included in the official 

public docket, and will not be available 

for public viewing in EDOCKET. For 

further information about the electronic 

docket, see EPA’s Federal Register

notice describing the electronic docket 

at 67 FR 38102 (May 31, 2002), or go to 

http://www.epa.gov./edocket.

Affected entities: Entities potentially 

affected by this action are public 

wastewater treatment plants, 

municipalities, industries, universities, 

manufacturing sites and States. 

Title: Questionnaire for Nominees for 

the Annual National Clean Water Act 

Recognition Awards Program. 

Abstract: This ICR requests reapproval to collect data from EPA’s 

National Clean Water Act Recognition 

Awards nominees. The awards are for 

the following program categories: 

Operations and Maintenance (O&M) 

Excellence, Biosolids (Biosolids) 

Management Excellence, Combined 

Sewer Overflow Control (CSO) Program 

Excellence and Storm Water (SW) 

Management Excellence.

Note: Information collection approval for 

the Pretreatment Awards Program is included 

in the National Pretreatment Program ICR 

(OMB No. 2040.0009, EPA ICR No. 0002.09), 

approved through September 30, 2003. The 

National Clean Water Act Recognition 

Awards Program is managed by EPA’s Office 

of Wastewater Management (OWM). The 

Awards Program is authorized under Section 

501(e) of the Clean Water Act, as amended. 

The Awards Program is intended to provide 

recognition to municipalities and industries 

which have demonstrated outstanding 

technological achievements, innovative 

processes, devices or other outstanding 

methods in their waste treatment and 

pollution abatement programs. 

Approximately 50 awards are presented 

annually. The achievements of these award 

winners are summarized in reports, news 

articles, national publications, and Federal 

Register Notice.

Submission of information on behalf 

of the respondents is voluntary. No 

confidential information is requested. 

The Agency only collects information 

from award nominees under a currently 

valid OMB control number. The OMB 

control numbers for EPA’s regulations 

are listed in 40 CFR part 9 and 48 CFR 

chapter 15. An agency may not conduct 

or sponsor, and a person is not required 

to respond to, a collection of 

information unless it displays a 

currently valid OMB control number. 

The OMB control numbers for EPA’s 

regulations in 40 CFR are listed in 40 

CFR part 9. Based on the data collection, 

national panels will evaluate the 

nominees’ efforts and recommend 

finalists. The collections will be used by 

the respective awards programs to 

evaluate and determine which 

abatement achievements should be 

recognized. A regulation in the Federal 

Register on February 8, 2002, (67 FR 

6138, February 8, 2002) establishes a 

framework for the annual Clean Water 

Act Recognition Awards. 

As currently structured, the O&M 

awards category has nine sub-categories 

which recognize municipal 

achievements. The biosolids awards 

category has four sub-categories which 

recognize municipal biosolids 

operations, technology and research 

Federal Register / Vol. 72, No. 70 / Thursday, April 12, 2007 / Notices 18475 

particular application, either a 

competing development application or a 

notice of intent to file such an 

application. Submission of a timely 

notice of intent to file a development 

application allows an interested person 

to file the competing application no 

later than 120 days after the specified 

comment date for the particular 

application. A competing license 

application must conform with 18 CFR 

4.30(b) and 4.36. 

p. Notice of Intent: A notice of intent 

must specify the exact name, business 

address, and telephone number of the 

prospective applicant, and must include 

an unequivocal statement of intent to 

submit, if such an application may be 

filed, either a preliminary permit 

application or a development 

application (specify which type of 

application). A notice of intent must be 

served on the applicant(s) named in this 

public notice. 

q. Proposed Scope of Studies Under 

Permit: A preliminary permit, if issued, 

does not authorize construction. The 

term of the proposed preliminary permit 

would be 36 months. The work 

proposed under the preliminary permit 

would include economic analysis, 

preparation of preliminary engineering 

plans, and a study of environmental 

impacts. Based on the results of these 

studies, the Applicant would decide 

whether to proceed with the preparation 

of a development application to 

construct and operate the project. 

r. Comments, Protests, or Motions To 

Intervene: Anyone may submit 

comments, a protest, or a motion to 

intervene in accordance with the 

requirements of Rules of Practice and 

Procedure, 18 CFR 385.210, 385.211, 

385.214. In determining the appropriate 

action to take, the Commission will 

consider all protests or other comments 

filed, but only those who file a motion 

to intervene in accordance with the 

Commission’s Rules may become a 

party to the proceeding. Any comments, 

protests, or motions to intervene must 

be received on or before the specified 

comment date for the particular 

application. 

s. Filing and Service of Responsive 

Documents: Any filings must bear in all 

capital letters the title ‘‘COMMENTS’’, 

‘‘NOTICE OF INTENT TO FILE 

COMPETING APPLICATION’’, 

‘‘COMPETING APPLICATION’’, 

‘‘PROTEST’’, and ‘‘MOTION TO 

INTERVENE’’, as applicable, and the 

Project Number of the particular 

application to which the filing refers. 

Any of the above-named documents 

must be filed by providing the original 

and the number of copies provided by 

the Commission’s regulations to: The 

Secretary, Federal Energy Regulatory 

Commission, 888 First Street, NE., 

Washington, DC 20426. An additional 

copy must be sent to Director, Division 

of Hydropower Administration and 

Compliance, Federal Energy Regulatory 

Commission, at the above-mentioned 

address. A copy of any notice of intent, 

competing application or motion to 

intervene must also be served upon each 

representative of the Applicant 

specified in the particular application. 

t. Agency Comments: Federal, state, 

and local agencies are invited to file 

comments on the described application. 

A copy of the application may be 

obtained by agencies directly from the 

Applicant. If an agency does not file 

comments within the time specified for 

filing comments, it will be presumed to 

have no comments. One copy of an 

agency’s comments must also be sent to 

the Applicant’s representatives. 

Philis J. Posey, 

Acting Secretary. 

[FR Doc. E7–6922 Filed 4–11–07; 8:45 am] 

BILLING CODE 6717–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OW–2007–0201; FRL–8297–9] 

Agency Information Collection 

Activities: Proposed Collection; 

Comment Request; Information 

Collection Request for the National 

Listing of Fish Advisories, EPA ICR 

Number 1959.03, OMB Control Number 

2040–0226 

AGENCY: Environmental Protection 

Agency. 

ACTION: Notice. 

SUMMARY: In compliance with the 

Paperwork Reduction Act (44 U.S.C. 

3501 et seq.), this document announces 

that EPA is planning to submit a request 

to renew an existing approved 

Information Collection Request (ICR) to 

the Office of Management and Budget 

(OMB). This ICR is scheduled to expire 

on September 30, 2007. Before 

submitting the ICR to OMB for review 

and approval, EPA is soliciting 

comments on specific aspects of the 

proposed information collection as 

described below. 

DATES: Comments must be submitted on 

or before June 11, 2007. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ–

OW–2007–0201, by one of the following 

methods: 

• www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

• E-mail: OW-Docket@epa.gov. 

• Fax: 202–566–9744. 

• Mail: EPA Docket Center 

[Information Collection Request for the 

National Listing of Fish Advisories], 

Environmental Protection Agency, 

Water Docket MC4101T, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460. 

• Hand Delivery: EPA Docket, EPA 

West Room 3334, 1301 Constitution 

Ave., NW., Washington, DC 20460. Such 

deliveries are only accepted during the 

Docket’s normal hours of operation, and 

special arrangements should be made 

for deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–HQ–OW–2007–

0201. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through www.regulations.gov 

or e-mail. The www.regulations.gov Web 

site is an ‘‘anonymous access’’ system, 

which means EPA will not know your 

identity or contact information unless 

you provide it in the body of your 

comment. If you send an e-mail 

comment directly to EPA without going 

through www.regulations.gov your 

e-mail address will be automatically 

captured and included as part of the 

comment that is placed in the public 

docket and made available on the 

Internet. If you submit an electronic 

comment, EPA recommends that you 

include your name and other contact 

information in the body of your 

comment and with any disk or CD–ROM 

you submit. If EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

EPA may not be able to consider your 

comment. Electronic files should avoid 

the use of special characters, any form 

of encryption, and be free of any defects 

or viruses. For additional information 

about EPA’s public docket visit the EPA 

Docket Center homepage at http:// 

www.epa.gov/epahome/dockets.htm. 

FOR FURTHER INFORMATION CONTACT: 

Erica Fleisig, National Fish Advisory 

Program (4305T), Office of Science and 

Technology, U.S. Environmental 

Protection Agency, 1200 Pennsylvania 

Ave., NW., Washington, DC 20460; 

telephone number: (202) 566–1057; fax 

number: (202) 566–0409; e-mail address: 

fleisig.erica@epa.gov. 


rmajette on PROD1PC67 with NOTICES
18476 Federal Register / Vol. 72, No. 70 / Thursday, April 12, 2007 / Notices 

SUPPLEMENTARY INFORMATION: 

How Can I Access the Docket and/or 

Submit Comments? 

EPA has established a public docket 

for this ICR under Docket ID No. EPA–

HQ–OW–2007–0201, which is available 

for online viewing at 

www.regulations.gov, or in person 

viewing at the Water Docket in the EPA 

Docket Center (EPA/DC), EPA West, 

Room 3334, 1301 Constitution Ave., 

NW., Washington, DC. The EPA/DC 

Public Reading Room is open from 8 

a.m. to 4:30 p.m., Monday through 

Friday, excluding legal holidays. The 

telephone number for the Reading Room 

is 202–566–1744, and the telephone 

number for the Water Docket is (202) 

566–2426. 

Use www.regulations.gov to obtain a 

copy of the draft collection of 

information, submit or view public 

comments, access the index listing of 

the contents of the docket, and to access 

those documents in the public docket 

that are available electronically. Once in 

the system, select ‘‘search,’’ then key in 

the docket ID number identified in this 

document. 

What Information Is EPA Particularly 

Interested in? 

Pursuant to section 3506(c)(2)(A) of 

the PRA, EPA specifically solicits 

comments and information to enable it 

to: 

(i) Evaluate whether the proposed 

collection of information is necessary 

for the proper performance of the 

functions of the Agency, including 

whether the information will have 

practical utility; 

(ii) Evaluate the accuracy of the 

Agency’s estimate of the burden of the 

proposed collection of information, 

including the validity of the 

methodology and assumptions used; 

(iii) Enhance the quality, utility, and 

clarity of the information to be 

collected; and 

(iv) Minimize the burden of the 

collection of information on those who 

are to respond, including through the 

use of appropriate automated electronic, 

mechanical, or other technological 

collection techniques or other forms of 

information technology, e.g., permitting 

electronic submission of responses. In 

particular, EPA is requesting comments 

from very small businesses (those that 

employ less than 25) on examples of 

specific additional efforts that EPA 

could make to reduce the paperwork 

burden for very small businesses 

affected by this collection. 

What Should I Consider When I 

Prepare My Comments for EPA? 

You may find the following 

suggestions helpful for preparing your 

comments: 

1. Explain your views as clearly as 

possible and provide specific examples. 

2. Describe any assumptions that you 

used. 

3. Provide copies of any technical 

information and/or data you used that 

support your views. 

4. If you estimate potential burden or 

costs, explain how you arrived at the 

estimate that you provide. 

5. Offer alternative ways to improve 

the collection activity. 

6. Make sure to submit your 

comments by the deadline identified 

under DATES. 

7. To ensure proper receipt by EPA, 

be sure to identify the docket ID number 

assigned to this action in the subject 

line on the first page of your response. 

You may also provide the name, date, 

and Federal Register citation. 

What Information Collection Activity or 

ICR Does This Apply to? 

Affected entities: Entities potentially 

affected by this action are 

Administrators of Public Health and 

Environmental Quality Programs in 

State and tribal governments (NAICS 

92312/SIC 9431 and NAICS 92411/SIC 

9511). 

Title: Information Collection Request 

for the National Listing of Fish 

Advisories. 

ICR numbers: EPA ICR No. 1959.03, 

OMB Control No. 2040–0226. 

ICR status: This ICR is currently 

scheduled to expire on September 30, 

2007. An Agency may not conduct or 

sponsor, and a person is not required to 

respond to, a collection of information, 

unless it displays a currently valid OMB 

control number. The OMB control 

numbers for EPA’s regulations in title 40 

of the CFR, after appearing in the 

Federal Register when approved, are 

listed in 40 CFR part 9, and are 

displayed either by publication in the 

Federal Register or by other appropriate 

means, such as on the related collection 

instrument or form, if applicable. The 

display of OMB control numbers in 

certain EPA regulations is consolidated 

in 40 CFR part 9. 

Abstract: The National Listing of Fish 

Advisories (NLFA) database contains 

information on the number of new 

advisories issued by each state, territory, 

or tribe annually. The advisory 

information collected identifies the 

waterbody under advisory, the fish or 

shellfish species and size ranges 

included in the advisory, the chemical 

contaminants and residue levels causing 

the advisory to be issued, the waterbody 

type (river, lake, estuary, coastal 

waters), and the target populations to 

whom the advisory is directed. This 

information is collected under the 

authority of section 104 of the Clean 

Water Act, which provides for the 

collection of information to be used to 

protect human health and the 

environment. The results of the survey 

are shared with states, territories, tribes, 

other federal agencies, and the general 

public through the NLFA database and 

the distribution of annual fish advisory 

fact sheets. The responses to the survey 

are voluntary and the information 

requested is part of the state public 

record associated with the advisories. 

No confidential business information is 

requested. An agency may not conduct 

or sponsor, and a person is not required 

to respond to, a collection of 

information unless it displays a 

currently valid OMB control number. 

The OMB control numbers for EPA’s 

regulations in 40 CFR are listed in 40 

CFR part 9. 

Burden Statement: The annual public 

reporting and recordkeeping burden for 

this collection of information is 

estimated to average 38.76 hours per 

response. Burden means the total time, 

effort, or financial resources expended 

by persons to generate, maintain, retain, 

disclose or provide information to or for 

a Federal agency. This includes the time 

needed to review instructions; develop, 

acquire, install, and utilize technology 

and systems for the purposes of 

collecting, validating, and verifying 

information, processing and 

maintaining information, and disclosing 

and providing information; adjust the 

existing ways to comply with any 

previously applicable instructions and 

requirements which have subsequently 

changed; train personnel to be able to 

respond to a collection of information; 

search data sources; complete and 

review the collection of information; 

and transmit or otherwise disclose the 

information. 

The ICR provides a detailed 

explanation of the Agency’s estimate, 

which is only briefly summarized here: 

Estimated total number of potential 

respondents: 92. 

Frequency of response: Annual. 

Estimated total average number of 

responses for each respondent: 3. 

Estimated total annual burden hours: 

3,566 labor hours. 

Estimated total annual burden costs: 

$124,755.08. No capital or startup costs 

are required. 


rmajette on PROD1PC67 with NOTICES
Federal Register / Vol. 72, No. 70 / Thursday, April 12, 2007 / Notices 18477 

Are There Changes in the Estimates 

From the Last Approval? 

There is no change in the total 

estimated respondent burden compared 

with that identified in the ICR currently 

approved by OMB. 

What Is the Next Step in the Process for 

This ICR? 

EPA will consider the comments 

received and amend the ICR as 

appropriate. The final ICR package will 

then be submitted to OMB for review 

and approval pursuant to 5 CFR 

1320.12. At that time, EPA will issue 

another Federal Register notice 

pursuant to 5 CFR 1320.5(a)(1)(iv) to 

announce the submission of the ICR to 

OMB and the opportunity to submit 

additional comments to OMB. If you 

have any questions about this ICR or the 

approval process, please contact the 

technical person listed under FOR

FURTHER INFORMATION CONTACT. 

Dated: April 6, 2007. 

Ephraim King, 

Director, Office of Science and Technology. 

[FR Doc. E7–6947 Filed 4–11–07; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

Notice of Public Information 

Collection(s) Being Submitted for 

Review to the Office of Management 

and Budget 

April 4, 2007. 

SUMMARY: The Federal Communications 

Commission, as part of its continuing 

effort to reduce paperwork burden 

invites the general public and other 

Federal agencies to take this 

opportunity to comment on the 

following information collection(s), as 

required by the Paperwork Reduction 

Act (PRA) of 1995, Public Law 104–13. 

An agency may not conduct or sponsor 

a collection of information unless it 

displays a currently valid control 

number. No person shall be subject to 

any penalty for failing to comply with 

a collection of information subject to the 

Paperwork Reduction Act (PRA) that 

does not display a valid control number. 

Comments are requested concerning (a) 

whether the proposed collection of 

information is necessary for the proper 

performance of the functions of the 

Commission, including whether the 

information shall have practical utility; 

(b) the accuracy of the Commission’s 

burden estimate; (c) ways to enhance 

the quality, utility, and clarity of the 

information collected; and (d) ways to 

minimize the burden of the collection of 

information on the respondents, 

including the use of automated 

collection techniques or other forms of 

information technology. 

DATES: Written Paperwork Reduction 

Act (PRA) comments should be 

submitted on or before June 11, 2007. If 

you anticipate that you will be 

submitting PRA comments, but find it 

difficult to do so within the period of 

time allowed by this notice, you should 

advise the FCC contact listed below as 

soon as possible. 

ADDRESSES: Direct all PRA comments to 

Jasmeet K. Seehra, Office of 

Management and Budget, Room 10236 

NEOB, Washington, DC 20503, (202) 

395–3123, or via fax at 202–395–5167 or 

via Internet at 

Jasmeet_K._Seehra@omb.eop.gov and to 

Judith-B.Herman@fcc.gov, Federal 

Communications Commission, Room 1–

B441, 445 12th Street, SW., DC 20554 or 

an e-mail to PRA@fcc.gov. If you would 

like to obtain or view a copy of this 

information collection after the 60-day 

comment period, you may do so by 

visiting the FCC PRA Web page at: 

http://www.fcc.gov/omd/pra. 

FOR FURTHER INFORMATION CONTACT: For 

additional information or copies of the 

information collection(s), contact Judith 

B. Herman at 202–418–0214 or via the 

Internet at Judith-B.Herman@fcc.gov. 

SUPPLEMENTARY INFORMATION: OMB 

Control Number: 3060–XXXX. 

Title: Consummation of Assignments 

and Transfers of Control of Station 

Authorization. 

Form No.: N/A. 

Type of Review: New collection. 

Respondents: Business or other forprofit. 

Number of Respondents: 586 

respondents; 586 responses. 

Estimated Time Per Response: 1 hour. 

Frequency of Response: On occasion 

reporting requirement. 

Obligation to Respond: Required to 

obtain or retain benefits. 

Total Annual Burden: 586 hours. 

Total Annual Cost: N/A. 

Privacy Act Impact Assessment: N/A. 

Nature and Extent of Confidentiality: 

There is no need for confidentiality 

pertaining to the information collection 

requirements in this collection. 

Needs and Uses: The Commission 

will submit this new information 

collection to the OMB after this 60-day 

comment period to obtain the full threeyear clearance from them. The Federal 

Communications Commission 

(‘‘Commission’’) is requesting that the 

Office of Management and Budget 

(OMB) approve the establishment of a 

new collection for consummation of 

assignments and transfers of control of 

station authorization. In addition, the 

Commission is requesting the OMB’s 

approval of mandatory electronic filing 

of consummations of assignments and 

transfers of control of licenses for all 

telecommunications services. 

A consummation is a party’s 

notification to the Commission that a 

transaction (assignment or transfer of 

control of station authorization) has 

been completed within a designated 

period of time. A consummation is 

applicable to all international 

telecommunications services, including 

International High Frequency (IHF), 

Section 214 Applications (ITC), Satellite 

Space Stations (SAT), Submarine Cable 

Landing Licenses (SCL) and Satellite 

Earth Station (SES) stations. 

Currently, applicants send multiple 

letters to various offices within the 

Commission for each file number and 

call sign that are part of the 

consummation. The new, proposed 

consummation module will eliminate 

the applicant’s requirement to notify the 

Commission by letter with the details of 

the consummation. With this new 

collection, the applicant will complete 

an on-line form (consummation module) 

in the Commission’s electronic 

International Bureau Filing System 

(‘‘IBFS’’). After the applicant enters the 

FCC Registration Number (FRN) in the 

form, the system will generate a list of 

file numbers and call signs that are 

related to the FRN. The applicant can 

select the file numbers and call signs 

that are part of the consummation. The 

consummation module: (1) Saves time 

for the applicants and the Commission 

staff because the information is readily 

accessible for viewing and processing 24 

hours a day/7 days a week, (2) 

eliminates the applicants completion by 

paper and mailing of letters, and (3) 

expedites the Commission staff’s receipt 

of consummations in a timely manner. 

The Commission has authority for this 

information collection pursuant to 47 

CFR 1.767, 25.119, 63.24(e), 73.3540 

and 73.3541. Without this collection of 

information, the Commission would not 

have critical information such as a 

change in a controlling interest in the 

ownership of the licensee. Furthermore, 

the Commission would not have the 

authority to review assignments and 

transfers of control of satellite licenses 

to determine whether the initial license 

was obtained in good faith with the 

intent to construct a satellite system. 

Federal Communications Commission. 

Marlene H. Dortch, 

Secretary. 

[FR Doc. E7–6936 Filed 4–11–07; 8:45 am] 

BILLING CODE 6712–01–P 


rmajette on PROD1PC67 with NOTICES
65478 Federal Register / Vol. 75, No. 205 / Monday, October 25, 2010 / Notices 

1 Interventions may also be filed electronically via 

the Internet in lieu of paper. See the previous 

discussion on filing comments electronically. 

file a motion to intervene pursuant to 

Rule 214 of the Commission’s Rules of 

Practice and Procedures (18 CFR 

385.214).1 Only intervenors have the 

right to seek rehearing of the 

Commission’s decision. 

Affected landowners and parties with 

environmental concerns may be granted 

intervenor status upon showing good 

cause by stating that they have a clear 

and direct interest in this proceeding 

which would not be adequately 

represented by any other parties. You do 

not need intervenor status to have your 

comments considered. 

Additional information about the 

project is available from the 

Commission’s Office of External Affairs, 

at (866) 208–FERC or on the FERC Web 

site (http://www.ferc.gov) using the 

eLibrary link. Click on the eLibrary link, 

click on ‘‘General Search’’ and enter the 

docket number excluding the last three 

digits in the Docket Number field (i.e., 

CP10–457). Be sure you have selected 

an appropriate date range. For 

assistance, please contact FERC Online 

Support at FercOnlineSupport@ferc.gov 

or toll free at (866) 208–3676, or for 

TTY, contact (202) 502–8659. The 

eLibrary link also provides access to the 

texts of formal documents issued by the 

Commission, such as orders, notices, 

and rulemakings. 

In addition, the Commission offers a 

free service called eSubscription which 

allows you to keep track of all formal 

issuances and submittals in specific 

dockets. This can reduce the amount of 

time you spend researching proceedings 

by automatically providing you with 

notification of these filings, document 

summaries, and direct links to the 

documents. Go to http://www.ferc.gov/ 

esubscribenow.htm. 

Kimberly D. Bose, 

Secretary. 

[FR Doc. 2010–26825 Filed 10–22–10; 8:45 am] 

BILLING CODE 6717–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OW–2007–0201, FRL–9216–9] 

Agency Information Collection 

Activities: Proposed Collection; 

Comment Request; National Listing of 

Fish Advisories (Renewal), EPA ICR 

Number 1959.04, OMB Control Number 

2040–0226 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: In compliance with the 

Paperwork Reduction Act (PRA) (44 

U.S.C. 3501 et seq.), this document 

announces that EPA is planning to 

renew an existing approved Information 

Collection Request (ICR) to the Office of 

Management and Budget (OMB). This 

ICR is scheduled to expire on February 

28, 2011. Before submitting the ICR to 

OMB for review and approval, EPA is 

soliciting comments on specific aspects 

of the proposed information collection 

as described below. 

DATES: Comments must be submitted on 

or before December 27, 2010. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

OW–2007–0201, by one of the following 

methods: 

• Online: http://www.regulations.gov. 

Follow the on-line instructions for 

submitting comments. 

• E-mail: OW-Docket@epa.gov. 

• Mail: EPA Docket Center, 

Environmental Protection Agency, 

Water Docket, Mailcode C28221T, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460. 

• Hand Delivery: EPA Docket, EPA 

West Room 3334, 1301 Constitution 

Ave., NW., Washington, DC 20460. Such 

deliveries are only accepted during the 

Docket’s normal hours of operation, and 

special arrangements should be made 

for deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–HQ–OW–2007– 

0201. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through http:// 

www.regulations.gov or e-mail. The 

http://www.regulations.gov Web site is 

an ‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through http:// 

www.regulations.gov, your e-mail 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. For additional information 

about EPA’s public docket visit the EPA 

Docket Center homepage at http:// 

www.epa.gov/dockets. 

FOR FURTHER INFORMATION CONTACT: 

LCDR Samantha Fontenelle, Office of 

Science and Technology, U.S. 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460; telephone number: (202) 

566–2083; fax number: (202) 566–0409; 

e-mail address: 

fontenelle.samantha@epa.gov. 

SUPPLEMENTARY INFORMATION: 

How can I access the docket and/or 

submit comments? 

EPA has established a public docket 

for this ICR under Docket ID No. EPA– 

HQ–OW–2007–0201, which is available 

for online viewing at http:// 

www.regulations.gov, or in person 

viewing at the Water Docket in the EPA 

Docket Center (EPA/DC), EPA West, 

Room 3334, 1301 Constitution Ave., 

NW., Washington, DC. The EPA/DC 

Public Reading Room is open from 8:30 

a.m. to 4:30 p.m., Monday through 

Friday, excluding legal holidays. The 

telephone number for the Reading Room 

is 202–566–1744, and the telephone 

number for the Water Docket is (202) 

566–2426. 

Use http://www.regulations.gov to 

obtain a copy of the draft collection of 

information, submit or view public 

comments, access the index listing of 

the contents of the docket, and to access 

those documents in the public docket 

that are available electronically. Once in 

the system, select ‘‘search,’’ then key in 

the Docket ID number identified in this 

document. 

What information is EPA particularly 

interested in? 

Pursuant to section 3506(c)(2)(A) of 

the PRA, EPA specifically solicits 

comments and information to enable it 

to: 

(i) Evaluate whether the proposed 

collection of information is necessary 

for the proper performance of the 

functions of the Agency, including 

whether the information will have 

practical utility; 

(ii) Evaluate the accuracy of the 

Agency’s estimate of the burden of the 

proposed collection of information, 


emcdonald on DSK2BSOYB1PROD with NOTICES
Federal Register / Vol. 75, No. 205 / Monday, October 25, 2010 / Notices 65479 

including the validity of the 

methodology and assumptions used; 

(iii) Enhance the quality, utility, and 

clarity of the information to be 

collected; and 

(iv) Minimize the burden of the 

collection of information on those who 

are to respond, including through the 

use of appropriate automated electronic, 

mechanical, or other technological 

collection techniques or other forms of 

information technology, e.g., permitting 

electronic submission of responses. In 

particular, EPA is requesting comments 

from very small businesses (those that 

employ less than 25) on examples of 

specific additional efforts that EPA 

could make to reduce the paperwork 

burden for very small businesses 

affected by this collection. 

What should I consider when I prepare 

my comments for EPA? 

You may find the following 

suggestions helpful for preparing your 

comments: 

1. Explain your views as clearly as 

possible and provide specific examples. 

2. Describe any assumptions that you 

used. 

3. Provide copies of any technical 

information and/or data you used that 

support your views. 

4. If you estimate potential burden or 

costs, explain how you arrived at the 

estimate that you provide. 

5. Offer alternative ways to improve 

the collection activity. 

6. Make sure to submit your 

comments by the deadline identified 

under DATES. 

7. To ensure proper receipt by EPA, 

be sure to identify the Docket ID number 

assigned to this action in the subject 

line on the first page of your response. 

You may also provide the name, date, 

and Federal Register citation. 

What information collection activity or 

ICR does this apply to? 

Affected entities: Entities potentially 

affected by this action are 

Administrators of Public Health and 

Environmental Quality Programs in 

State and Tribal governments (NAICS 

92312/SIC 9431 and NAICS 92411/SIC 

9511). 

Title: National Listing of Fish 

Advisories (Renewal). 

ICR numbers: EPA ICR No. 1959.04, 

OMB Control No. 2040–0226. 

ICR status: This ICR is currently 

scheduled to expire on February 28, 

2011. An Agency may not conduct or 

sponsor, and a person is not required to 

respond to, a collection of information, 

unless it displays a currently valid OMB 

control number. The OMB control 

numbers for EPA’s regulations in title 40 

of the CFR, after appearing in the 

Federal Register when approved, are 

listed in 40 CFR part 9, are displayed 

either by publication in the Federal 

Register or by other appropriate means, 

such as on the related collection 

instrument or form, if applicable. The 

display of OMB control numbers in 

certain EPA regulations is consolidated 

in 40 CFR part 9. 

Abstract: The National Listing of Fish 

Advisories (NLFA) Database contains 

information on the number of advisories 

issued by each State, territory, or Tribe 

annually. The advisory information 

collected identifies the waterbody under 

advisory, the fish or shellfish species 

and size ranges included in the 

advisory, the chemical contaminants 

and residue levels causing the advisory 

to be issued, the waterbody type (river, 

lake, estuary, coastal waters), and the 

target populations to whom the advisory 

is directed. This information is collected 

under the authority of section 104 of the 

Clean Water Act, which provides for the 

collection of information to be used to 

protect human health and the 

environment. The results of the survey 

are shared with States, territories, 

Tribes, other Federal agencies, and the 

general public through the NLFA 

database and the distribution of biennial 

fish advisory fact sheets. The responses 

to the survey are voluntary and the 

information requested is part of the 

State public record associated with the 

advisories. No confidential business 

information is requested. 

Burden Statement: The annual public 

reporting and recordkeeping burden for 

the collection of information is 

estimated to average 36.26 hours per 

response. Burden means the total time, 

effort, or financial resources expended 

by persons to generate, maintain, retain, 

disclose or provide information to or for 

a Federal agency. This includes the time 

needed to review instructions; develop, 

acquire, install, and utilize technology 

and systems for the purposes of 

collecting, validating, and verifying 

information, processing and 

maintaining information, and disclosing 

and providing information; adjust the 

existing ways to comply with any 

previously applicable instructions and 

requirements which have subsequently 

changed; train personnel to be able to 

respond to a collection of information; 

search data sources; complete and 

review the collection of information; 

and transmit or otherwise disclose the 

information. 

The ICR provides a detailed 

explanation of the Agency’s estimate, 

which is only briefly summarized here: 

Estimated total number of potential 

respondents: Up to 92. 

Frequency of response: Annual. 

Estimated total average number of 

responses for each respondent: 3. 

Estimated total annual burden hours: 

3,336 labor hours. 

Estimated total annual burden costs: 

$125,697.09. No capital or startup costs 

are required. 

Are there changes in the estimates from 

the last approval? 

There is a decrease of 229 hours in the 

total estimated respondent burden 

compared with that identified in the ICR 

currently approved by OMB. This 

decrease reflects a change in how the 

States, Tribes and territories provide the 

fish advisory data to EPA. The data tool 

is no longer being used by States to 

enter data into the NLFA database. 

What is the next step in the process for 

this ICR? 

EPA will consider the comments 

received and amend the ICR as 

appropriate. The final ICR package will 

then be submitted to OMB for review 

and approval pursuant to 5 CFR 

1320.12. At that time, EPA will issue 

another Federal Register notice 

pursuant to 5 CFR 1320.5(a)(1)(iv) to 

announce the submission of the ICR to 

OMB and the opportunity to submit 

additional comments to OMB. If you 

have any questions about this ICR or the 

approval process, please contact the 

technical person listed under FOR

FURTHER INFORMATION CONTACT. 

Dated: October 15, 2010. 

Ephraim S. King, 

Director, Office of Science and Technology. 

[FR Doc. 2010–26882 Filed 10–22–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–9216–8] 

National Environmental Justice 

Advisory Council; Notification of 

Public Meeting and Public Comment 

AGENCY: Environmental Protection 

Agency. 

ACTION: Notification of Public Meeting. 

SUMMARY: Pursuant to the Federal 

Advisory Committee Act (FACA), Public 

Law 92–463, the U.S. Environmental 

Protection Agency (EPA) hereby 

provides notice that the National 

Environmental Justice Advisory Council 

(NEJAC) will meet on the dates and 

times described below. All meetings are 

open to the public. Members of the 

public are encouraged to provide 

comments relevant to the specific issues 


emcdonald on DSK2BSOYB1PROD with NOTICES
APPENDIX D

Survey Instrument for the 2012–2015 NLFA Reporting Cycles and the

State Fish Advisory Program Questionnaire
A-1

OMB Control Number 2040-0226 

Approval Expires 11/30/2014 

UNITED STATES ENVIRONM ENTAL PROTECTION AGENCY 

FISH CONSUM PTION ADVISORY PROGRAM S QUESTIONNAIRE

FO R SURVEY YEARS 2012−2015 

Please provide the following information about the agency in your state or tribe 

that is responsible for issuing noncomm ercial (sportfishing/subsistence) 

advisories or closures for chemical contamination in fish and shellfish.

Agency name 

Agency address 

Agency fish advisory contact 

Contact’s e-mail address 

(_____) 

Contact’s phone number 

(_____) 

Contact’s fax number 
A-2

Fish Tissue Monitoring Program

1. Did your state or tribal agency conduct routine monitoring during this past year to obtain

information about the concentrations of chemical contaminants in fish tissue for assessing human

health risks?

G Yes G No G Not applicable

2. What kind of data does your state or tribal agency collect to evaluate chemical contaminant levels

in fish? (Please check all that apply.)

G Captures fish and sends tissues to a lab to determine contaminant concentrations 

G Monitors water quality and uses data to estimate contaminant concentrations in fish

G Monitors sediments and uses data to estimate contaminant concentrations in fish

G Other methods (please specify)

G Not applicable

3. How does your state or tribe conduct monitoring of contaminants in fish tissue for fish advisories?

(Please check all that apply)

G Conducts one-time, nonrecurring or special surveys in particular fishing areas, watersheds, or basins

G Monitors the same fishing areas, watersheds, or basins at regular intervals

G Other methods (please specify)

G Not applicable

4. During the past year, please estimate the number of stations from which your state or tribal

agency collected fish tissue that was analyzed for chemical contaminants and was used for the fish

advisory program.

G 0 stations G 31-50 stations

G 1-10 stations G 51-100 stations

G 11-20 stations G >100 stations

G 21-30 stations G Not applicable

5. How frequently does your state typically resample fish from waterbodies where advisories are in

effect?

G Every year

G Every 2 years 

G Every 3 years

G Every 4 years

G Every 5 years 

G Every 6 to 10 years

G On an as needed basis (no set schedule)

G Other (please specify)

G Not applicable

6. In approximately how many waterbodies was fish tissue monitoring conducted within your state

during the past year?

G 1-10 waterbodies G 21-30 waterbodies

G 11-20 waterbodies G 31-40 waterbodies

G >40 (specify number) (please specify)

G Not applicable
A-3

7. Please check how your state determines which sites to monitor 

(Please check all that apply)

G Accessibility of site G Fixed-station sites

G Area of concern G High pollution potential at the site

G Citizen or Agency request G Major fishery resource

G Degree of angling pressure the site receives G Randomly selected sites

G Other method (please specify)

G Not applicable

Answers to questions 8 through 11 should be based on your Agency’s evaluation of fish tissue monitoring

data. Sediment analysis or water quality monitoring data may be included in your evaluation only if they are

used as the basis for determining when an advisory is needed. Note: For these questions, you may need to

consult with other individuals in your state or tribal organization.

8. How many river, stream, or canal miles were assessed at least once during the last 3 years

specifically for the fish advisory program?

__________ miles

9. How many lake or reservoir acres were assessed at least once during the past 3 years specifically

for the fish advisory program?

 acres

10. How many square miles of estuarine waters were assessed at least once during the past 3 years

specifically for the fish advisory program? 

__________ square miles

11. How many miles of marine coastline (coastal waters) were assessed at least once during the past

3 years specifically for the fish advisory program?

__________ miles

Types of Fish Advisories

12. Does your state issue fish consumption advisories advising individuals to restrict fish

consumption?

G Yes G No G Not applicable

13. Does your state issue fish consumption advisories advising individuals not to consume any fish or

any fish of a particular species from a particular waterbody?

G Yes G No G Not applicable

14. Fish consumption advisories issued in your state pertain to: 

(Please check all that apply) 

G Specific fish species analyzed by the state (e.g., largemouth bass)

G Specified size class(es) for the given species analyzed (e.g., largemouth bass 15-20 inches)

G Selected trophic groups (e.g., game fish, bottom feeders, or panfish)

G The entire fish community (e.g., all fish)

G Certain fish species purchased in stores and restaurants

G Other (please specify)

G Not applicable
A-4

15. Does your state issue statewide or regionwide “blanket” advisories based on your sampling

effort? (A region-wide advisory may be issued for an individual HUC, river drainage basin or portion

of the state.)

Statewide: G Yes G No G Not applicable

Regionwide: G Yes G No G Not applicable

16. Do you have legally enforced advisories or bans within your state (e.g., are fines or citations given

for fishing in posted waters)?

G Yes G No

17. Has your state ever issued a commercial fishing ban for chemically-contaminated fish?

G Yes G No

18. If your state or tribe has issued commercial fishing bans in a waterbody, do they include

consumption information for sport and subsistence fishers?

G Yes G No G Not applicable

19. In addition to chemical contaminants, does your state or tribe also issue fish and/or shellfish

advisories (closures) for microbial contamination (e.g., bacteria or viruses) of a waterbody?

G Yes G No G Not applicable

Sample Preparation and Analyses Procedures

20. Fish consumption advisories (no consumption and/or restricted consumption advisories) issued in

your state are based on the analysis of : (Please check all that apply)

G Fillet samples (skin on)

G Fillet samples (skin off)

G Muscle plug samples

G Whole-fish samples (skin on)

G Whole-fish samples (skin off)

G Other sample types (please specify) 

G Not applicable

21. Does your state target the collection of particular indicator species, and on what is this decision

based? (Please check all that apply)

G Angler survey data

G Availability of the species

G Desire to maintain consistency with past collections

G EPA target species recommendations based on bioaccumulation potential/trophic groups

G Citizen requests

G State does not target collection of indicator species

G Other reasons (please specify)

G Not applicable

22. Does your state collect multiple size classes, by species, and submit these individual size classes for

residue analyses?

G Yes G No G Not applicable

23. Are individual fish samples or composite samples submitted for residue analyses in your state?

G Individual fish samples only

G Composite samples only

G Both individual and composite samples are used

G Not applicable
A-5

24. If individual fish samples are used, how many “individual fish” typically are needed to support an

advisory determination in a waterbody?

G 1 fish

G 3 fish

G 5 fish

G 6 to 10 fish

G 11 to 20 fish

G > 20 fish

G Other number (please specify) 

G Not applicable; state uses only composite fish samples

25. If composite samples are used, how many “individual fish” typically are combined in each of your

state’s composite samples for residue analysis?

G 2 fish

G 3 fish

G 4 fish

G 5 fish

G Other number (please specify)

G Not applicable; state uses only individual fish samples

26. If composite samples are used, how many composite samples are needed to support an advisory

determination in a waterbody?

G 1 composite sample

G 2 composite samples

G 3 composite samples

G Variable; no set number

G Other number (please specify)

G Not applicable; state uses only individual fish samples

27. Assuming your state finds residue levels in exceedance of state criteria, how many years of

sampling are required at a given waterbody before a fish consumption advisory can be issued? 

G 1 year

G 2 years

G 3 or more years

G Site-specific decision; no set time period established

G Other (please specify) 

G Not applicable

28. If commercial fishing bans are issued in your state, on which of the following sample types are they

based? (Please check all that apply)

G Whole-fish samples (skin-on)

G Whole-fish samples (skin-off)

G Fillet samples (skin-on)

G Fillet samples (skin-off)

G Other sample types (please specify)

G Not applicable

29. How many fish tissue samples must be analyzed and found to be in exceedance of state criteria

before a commercial fishing ban is issued? 

G 1 sample

G 2 samples

G 3 or more samples 

G Site-specific decision; no set number established

G Not applicable
A-6

30. How many years of sampling are conducted at a given waterbody before a commercial fishing ban

can be issued? 

G 1 year

G 2 years

G 3 or more years

G Site-specific decision; no set time period established

G Not applicable

31. Once an advisory is issued for a specific waterbody, what must occur for the state to rescind the

advisory?

G Residue levels of the chemical must decline below the state criterion for at least 1 year

G Residue levels of the chemical must decline below the state criterion for at least 2 years

G Residue levels of the pollutant must decline below the state criterion for at least 3 years

G Site-specific decision; no set time period established

G Other schedule or procedure (please specify)

G Not applicable

32. During this past year, please estimate the number of fish tissue samples that were submitted for

chemical analyses by your state agency?

G <20 samples G 41-50 samples

G 21-30 samples G 51-60 samples

G 31-40 samples G >60 samples (please specify number) 

G Not applicable

33. What pollutants did your state screen for in fish tissue samples in this past year? 

(Please check all that apply)

G Aldrin

G Arsenic

G Cadmium

G Chlordane

G Chlorpyrifos

G Chromium

G DDT and its

metabolites

G Diazinon

G Dicofol

G Dieldrin

G Dioxins/Furans 

G Disulfoton

G Endosulfan

G Endrin

G Ethion

G Heptachlor or

Heptachlor epoxide

G Hexachlorobenzene

G Lead 

G Lindane 

G Mercury

G Methoxychlor 

G Mirex 

G Nonachlor 

G Oxyfluorfen

G PAHs

G PCBs

G Pentachloroanisole 

G Selenium

G Terbufos

G Toxaphene

G Tributyltin

G Trifluralin

G Other (please specify

34. Of the pollutants listed, which ones are of primary human health concern in your state waters

(specify up to 5 pollutants). 

G Aldrin

G Arsenic

G Cadmium

G Chlordane

G Chlorpyrifos

G Chromium

G DDT and its

metabolites

G Diazinon

G Dicofol

G Dieldrin

G Dioxins/Furans 

G Disulfoton

G Endosulfan

G Endrin

G Ethion

G Heptachlor or

Heptachlor epoxide

G Hexachlorobenzene

G Lead 

G Lindane 

G Mercury

G Methoxychlor 

G Mirex 

G Nonachlor 

G Oxyfluorfen

G PAHs

G PCBs

G Pentachloroanisole 

G Selenium

G Terbufos

G Toxaphene

G Tributyltin

G Trifluralin

G Other (please specify

35. If your state analyzes for PCBs, what specifically is analyzed? (Please check all that apply)

G Individual congeners

G All Aroclor groups

G Selected Aroclor groups

G A combination of both Aroclors and congeners

G Others (please specify)

G Not applicable
A-7

State Advisory Program Funding

36. How many dollars are spent annually in your state on routine fish tissue field collection activities?

G <$1,000 G $10,000 to $24,999 

G $1,000 to $4,999 G $25,000 to $50,000 

G $5,000 to $9,999 G >$50,000 (please specify) 

G Not applicable

37. What was the funding source for your state’s fish tissue collection activities during the past year?

(Please check all that apply)

G State general funds

G State fishing license revenues 

G State sales tax

G EPA Section 106 funds 

G EPA Section 205j funds

G EPA Region funds

G EPA Grant funds

G Other (please specify)

G Not applicable

38. How many dollars are spent annually in your state on laboratory analyses of fish tissue samples?

G <$1,000 G $10,000 to $24,999 

G $1,000 to $4,999 G $25,000 to $50,000 

G $5,000 to $9,999 G >$50,000 (please specify) 

G Not applicable

39. What was the funding source for your state's laboratory analyses of fish tissue samples during this

past year? (Please check all that apply)

G State general funds

G State fishing license revenues 

G State sales tax

G EPA Section 106 funds 

G EPA Section 205j funds

G EPA Region funds

G EPA Grant funds

G Other (please specify)

G Not applicable

40. If no funding is currently available, is your state seeking funding to conduct a monitoring and

assessment program?

G Yes G No G Not applicable

Other Uses of State Advisory Data

41. For your state’s biennial 305(b) water quality report, what use support designation is assigned to

waterbodies placed under fish consumption advisory?

G Fully supporting G Threatened

G Partially supporting G Not supporting

G No assessments were made G Not applicable

42. If fish consumption advisories have been issued for waterbodies in your state, does your state place

these waterbodies on the state’s 303(d) list of impaired waters?

G Yes G No G Not applicable
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43. If commercial fishing bans have been issued for waterbodies in your state, does your state place

these waterbodies on the state’s 303(d) list of impaired waters?

G Yes G No G Not applicable

44. Is “fish consumption” an assigned beneficial use for waters in your state?

G Yes G No

45. If yes, where have these criteria for beneficial use been established?

G State water quality standards

G SOP for assessing beneficial uses (or related document)

G Other (please specify)

G Not applicable

Risk Assessment Methodology

46. What method(s) does your state currently use to calculate “carcinogenic” health risks and issue

advisories for individuals who consume fish harvested from state waters? 

(Please specify all current methods used)

G Risk assessment methodology

G Food and Drug Administration (FDA) action levels

G None

G Other approach (please specify) 

G Not applicable

47. What carcinogenic risk level (i.e., individual risk within an exposed population) does your state use

to issue advisories and/or post waterbodies?

G 1:10,000 (10-4)

G 1:100,000 (10-5)

G 1:1,000,000(10-6)

G FDA action level

G Other (please specify)

G Not applicable

48. What source(s) does your state use to obtain cancer potency factors to help calculate

“carcinogenic” health risks? (Please check all that apply) 

G ATSDR Toxicological Profiles

G EPA Fish Guidance Document

G EPA Health Effects Assessment Summary Table (HEAST)

G EPA Integrated Risk Information System (IRIS)

G EPA Toxicology One-Liners Database (Office of Pesticide Programs)

G Great Lakes Protocol

G Hazardous Substance Data Bank (HSDB) from the National Library of Medicine

G IARC Monographs

G Other sources (please specify) 

G Not applicable
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49. What method(s) does your state currently use to calculate “noncarcinogenic” health risks and

issue fish advisories for individuals who consume fish harvested from state waters?

(Please specify all current methods used)

G EPA Fish Guidance Document

G FDA Action Levels

G Great Lakes Protocol

G Hazard Index calculations using risk assessment methodology (IRIS RfD)

G None

G Other approach (please specify)

G Not applicable

50. What noncarcinogenic risk level (i.e., individual risk within an exposed population) does your state

use to issue advisories and/or post waterbodies?

G Hazard index (please specify if hazard index is >, =, or < 1)

G FDA action levels

G Other (please specify)

G Not applicable

51. What source(s) does your state use to obtain potency factors (reference dose) to help calculate

noncarcinogenic health risks? (Please check all that apply)

G ATSDR Toxicological Profiles

G EPA Integrated Risk Information System (IRIS)

G EPA Health Effects Assessment Summary Table (HEAST)

G EPA Toxicology One-Liners Database (Office of Pesticide Programs)

G EPA Fish Guidance Document

G Great Lakes Protocol

G Hazardous Substance Data Bank (HSDB) from the National Library of Medicine

G Other sources (please specify) 

G Not applicable

52. Of all the fish advisories currently in effect in your jurisdiction, including those issued last year

and in earlier years, what percentage were issued based on each of these methods? 

(Please write down your best estimate of the percentage for each method)

 % of advisories now in effect were issued using risk assessment methods. % of advisories now in effect were issued using FDA action levels. % of advisories now in effect were issued using other methods specified in question 46 and 49.

G Not applicable

53. Does your state or tribal agency have a plan to reevaluate data from sites where outdated

assessment methods were used to issue fish advisories?

G Yes G No G Not applicable

54. Is your state currently re-evaluating the method or approach used to establish fish advisories?

G Yes G No G Not applicable

55. What default value does your state use in its risk assessments as a daily fish consumption rate for

recreational fishers? 

G 6.5 g/day 

G 12 g/day (the value EPA is currently recommending)

G 15 g/day

G 30 g/day

G Other consumption rates (please specify value in g/day)

G Not applicable
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56. What default value does your state use in its risk assessments as a daily fish consumption rate for

subsistence fishers? 

G 6.5 g/day

G 15 g/day

G 30 g/day

G 87 g/day 

G 124 g/day (the value EPA is currently recommending)

G Other consumption rates (please specify value in g/day)

G Not applicable

57. What default value does your state use in its risk assessments as a daily fish consumption rate for

children? 

G 2.0 g/day

G 4.0 g/day

G 6.5 g/day

G Other consumption rates (please specify value in g/day)

G Not applicable

58. What default value does your state use for exposure duration in its cancer risk assessments? 

G 30 years

G 70 years 

G 75 years (the value EPA is currently recommending).

G Other exposure duration (please specify value in years)

G Not applicable

59. What default value does your state use to estimate life expectancy in its risk assessments?

G 70 years

G 75 years

G 80 years 

G Other life expectancy (please specify value in years)

G Not applicable

60. Does your state recommend a meal frequency format or number of meals over time in its advisories

(e.g., number of meals per month)?

G Yes G No G Not applicable

61. If your response to question 60 is yes, what assumption does your state make in its risk assessments

about meal size or portion for adults? (Please specify all that apply)

G 4 oz (114 g)

G 8 oz (227 g)

G 12 oz (341 g)

G 16 oz (454 g)

G Other (please specify value in grams)

G Not applicable

62. If your response to question 60 is yes, what assumption does your state make in its risk assessments

about meal size or portion for children? (Please specify all that apply)

G 4 oz (114 g)

G 8 oz (227 g)

G 12 oz (341 g)

G Other (please specify value in grams)

G Not applicable
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63. What default value does your state use for body weight of an adult male consumer in its risk

assessments? 

G 71 kg

G 70 kg

G 65 kg

G Other weight (please specify value in kg)

G Not applicable

64. What default value does your state use for body weight of an adult female consumer (including

pregnant women and nursing mothers) in its risk assessments? 

G 70 kg

G 65 kg

G 62 kg

G Other weight (please specify value in kg)

G Not applicable

65. What default value does your state use for body weight of a child in its risk assessments? 

G 10 kg

G 14.5 kg

G 15.5 kg

G Other weight (please specify value in kg)

G Risk assessments not conducted for children

G Not applicable

66. Please specify what age range or ranges your state uses to calculate risk with respect to children.

(Please specify all age ranges used in your state’s risk assessments for children.)

G <1 year

G <6 years 

G <7 years

G <12 years

G <15 years 

G <18 years

G Other age ranges (please specify)

G Risk assessments not conducted for children

G Not applicable

67. What assumption does your state make in its risk assessments about the amount of the pollutant

absorbed by the body after ingestion (percent absorption by the gut) (e.g., in pharmacokinetic

modeling)?

G 100% for all pollutants

G 75% for all pollutants

G 50% for all pollutants

G Chemical-specific % based on available data 

G Other (please specify)

G Not applicable

68. Does your state use “contaminant reduction factors” in its risk calculations to account for

contaminant losses of PCBs and other organochlorine pollutants from fish tissues during cleaning,

preparation, and cooking of the fish?

G Yes G No G Not applicable
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69. If yes, what are the pollutants and their associated contaminant reduction factors (% reduction in

pollutant level resulting from cleaning, preparing, and cooking of fish) assumed by your state?

 % chlordane % DDE % DDT % dieldrin % heptachlor epoxide

G Not applicable

 % mercury % mirex % total PCBs % toxaphene % other (please specify)

70. If contaminant reduction factors are used, what are their basis?

G EPA Guidance Documents

G Great Lakes Protocol

G Scientific literature review

G Conducted own research

G Other (please specify) 

G Not applicable

71. How does your state evaluate health risks for fish samples contaminated with multiple chemicals

with the same human health endpoints (e.g., two organochlorine pesticides)?

G Cumulative risk (add individual contaminant risks from each chemical together)

G Calculate single contaminant risk based on the most conservative carcinogenic risk value

G Either cumulative risk or single contaminant risk depending on the chemicals involved

G Other method (please specify)

G State does not evaluate health risks for multiple contaminants

G Not applicable

72. Regarding mercury, does your state assign different noncarcinogenic toxicity values to different

populations (i.e., does the state use an RfD of 1 x 10-4 mg/k/day for women of child-bearing age

and/or children versus using an RfD of 3 x 10-4 for adults in the general population)?

G Yes G No G Not applicable

73. What is the mercury toxicity value (i.e., RfD) used for each of the following populations?

Adults in the general population

Women of childbearing age or nursing mothers

Children G Not applicable

74. When your state receives method detection limits (MDLs) as the reportable concentration for

contaminants from the laboratory, what value do you use for non-detects in your risk assessment?

G Zero

G Pollutant’s MDL

G Half the pollutant’s MDL

G Other value (please specify)

G Maximum likelihood indicator

G Not applicable

75. Does your state screen for lead in its fish tissue samples? 

G Yes G No

76. What assessment method do you use for lead since lead does not currently have an associated

reference dose in IRIS? (Please specify assessment method used)

G Not applicable
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Targeting Fish Consumers

77. Are health risks being assessed in your state for target groups of people whose culinary habits may

differ from the customs of the majority of Americans regarding meal preparation and

consumption?

G Yes G No G Not applicable

78. Has your state identified the primary waterbodies fished by these target population(s)?

G Yes G No G Not applicable

79. Has your state made efforts to identify the fish species and the sizes of fish consumed by these target

populations?

G Yes G No G Not applicable

80. If yes, has your state used any of the following procedures to obtain information from these target

populations? (Please check all that apply)

G Local fish consumption surveys (creel surveys)

G Fishing license surveys

G Anecdotal information from populations of interest 

G Behavioral risk surveillance surveys funded by the Centers for Disease Control

G Not applicable

81. Has your state altered its monitoring approach to address the needs of these target populations?

G Yes G No G Not applicable

82. If your state has altered its monitoring approach to address the needs of these target populations,

what actions have been taken? (Please check all that apply)

G State has added stations in waterbodies where the targeted populations frequently fish 

G State has targeted species consumed by the target populations for residue analyses

G Other actions (please specify)

G Not applicable

83. If your state is not currently addressing the concerns of populations with a perceived higher risk, is

there a plan to do so in the future?

G Yes G No G Not applicable

Risk Management

84. Who prepares risk assessments on behalf of your state or tribal fish advisory program? 

(Please check all that apply)

G State or Tribal Environmental Agency/Department

G State or Tribal Public Health Agency/Department

G State or Tribal Fisheries Agency/Department

G Consultant

G University

G Other (please specify)

G Not applicable

85. Does your state or tribe have written procedures for evaluating the health risks associated with

consumption of chemically-contaminated fish?

G Yes G No G Not applicable
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86. Does your state or tribe have a group or committee that oversees the fish advisory

program/processes?

G Yes G No G Not applicable

87. If the answer to question 86 is yes, what professional disciplines are represented on that committee? 

(Please check all that apply)

G Toxicology/epidemiology

G Fisheries

G Water pollution assessment/control

G Hazardous waste management

G Analytical chemist

G Risk communication

G Other disciplines (please specify) 

G Not applicable

88. Who in your state or tribe makes the ultimate risk management decision to issue, modify, or rescind

fish advisories?

G Head of Environmental Agency/Department

G Head of Public Health Agency/Department

G Head of Fisheries Agency/Department

G Governor’s Office or Tribal Chief’s/President’s Office

G Other (please specify) 

G Not applicable

Risk Communication Procedures

89. How often does your Agency revise the fish consumption advisory listings and release the

information to the public? (Please check all that apply)

G Annually; released on (specify date: Day/Month)

G Whenever data become available (on an as-needed basis)

G Other schedules (please specify)

G Not applicable

90. Where can the public obtain copies of your agency’s printed advisory materials? 

(Please check all that apply)

G Local public health departments

G State public health departments

G Other State agencies

G Doctors' offices

G Local businesses (e.g., hair styling salons)

G Businesses that issue fishing licenses (e.g., bait and tackle shops)

G WIC (Women, Infants, and Children) clinics

G Welfare offices

G Organizations (e.g.,sporting or women's clubs)

G Tourist offices

G State fisheries offices

G Tribal organizations

G Town halls

G Law enforcement officers 

G State Internet site

G Other sources (please specify)

G Not applicable
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91. How are your Agency's fish advisories communicated to the public? 

(Please check all that apply)

G Mailed to public upon request

G Press releases distributed to media sources

G Targeted newspaper stories

G Published articles in ethnic newspapers

G Videos for ethnic groups

G Radio announcements

G Television announcements

G Radio/television talk shows

G Internet site

G Agency telephone information service (i.e., hotlines)

G Agency magazine

G Posted signs (at boat launches, stream access points, public docks, etc.)

G Posted information where fishing licenses issued

G Posters in public places (libraries, town halls, etc)

G Annual fishing regulations booklet

G Generic statewide listing booklet separate from fishing regulations

G Printed pamphlets or fact sheets

G Information presented at public meetings

G Publication of articles in state medical journal

G Publication of articles in agency annual monitoring report

G Publication of information in state 305(b) report

G Flyers distributed with trout and salmon stamps

G GIS maps posted for tribal members

G Other methods (please specify)

G Not applicable

92. Does your state or tribal fish advisory distribution plan specifically target some populations to

receive advisory information? 

G Yes G No G Not applicable

93. If yes, please identify all targeted populations. (Please check all that apply)

G Sport fishers

G Subsistence fishers

G Specific racial/ethnic groups (please specify)

G Women of child-bearing age

G Pregnant or nursing women

G New parents

G Tourists

G Members of the general population

G Others (please specify) 

G Not applicable

94. Are your state or tribal fish consumption advisories distributed to the public in languages other

than English? 

G Yes G No G Not applicable
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95. If yes, please specify all languages that apply. 

G Alaskan native languages

G Bosnian

G Cambodian

G Chinese

G Creole

G Hmong

G Japanese

G Korean

G Laotian

G Llacano

G Ojibwa

G Portugese

G Russian

G Spanish

G Tagalog

G Thai

G Vietnamese

G Others (please specify) 

G Not applicable

96. Does your state or tribe evaluate the effectiveness of the fish consumption advisories?

G Yes G No G Not applicable

97. If yes, how is their effectiveness determined? (Please check all that apply)

G Feedback form/postcard in regulation pamphlet

G Questions included in creel census program

G Questions included in state BRFS (Behavior Risk Factor Survey)

G Focus groups

G Mailed questionnaires (to whom?) 

G Telephone surveys (of whom?) 

G Other methods (please specify) 

G Not applicable

98. To your knowledge, have there been any studies in your state (including federal, tribal, and

university-based studies) to evaluate human tissue contaminant levels (e.g., in blood, urine, breast

milk, or adipose tissues) or adverse human health effects related to fish consumption?

G Don’t know

G No

G Yes (please specify organization or agency)